( 1 ) AT this stage of the present suit which has been instituted under Order 37 of the Code of Civil Procedure, a number of interesting problems regarding the application of the amended Code vis-a-vis the existing original Side Rules have arisen. I may here say that these problems have not arisen for the first time and before dealing with the same I think it should be stated that the Delhi High Court Original Side Rules, 1967 require to be amended to take due consideration of the fact that the Civil Procedure Code has been amended in respect of summary suits.

( 2 ) THE legal position regarding the Original Side Rules is not only set out in the Delhi High Court Act (26 of 1966) but is also stated in Section 122 and 129 of the Code of Civil Procedure, 1908. Section 129 makes the Original Side Rules take effect even if the rules set out in the Code of Civil Procedure are inconsistent therewith; hence the result is that the amendments made in Order 37 do not have the effect of varying the Original Side Rules of the High Court. This proposition leads to considerable difficulty in the present suit.

( 3 ) FIRSTLY, in the Original Side Rules, Chapter 15 which deals with s