B.C.MISRA
BASHISTA BROTHERS – Appellant
Versus
MUNSHI LAL OM PRAKASH. – Respondent
( 1 ) THIS revision petition has been filed by the defendants against an order of the trial Court dated 21st March, 1973 by which it had disallowed their, application for amendment of the application for leave to appear and defend the suit.
( 2 ) THE material facts giving rise to the revision are that the plaintiffs (respondents herein) on 25th August, 1972 instituted a suit for the recovery of Rs. 13,662. 43 on the basis of cheques under the provisions of Order 37 of the Code of Civil Procedure. Summonses of the suit were issued and served on the defendent-petitioners on 25th October, 1972 The defendants filed an application under Order 37. Rule 3 of the Code which, was contested by the respondents who in their reply filed on 25th November, 1972 raised an objection that the petitioners had in their application made no prayer for leave to defend the suit, but had claimed; that the suit was barred by time and not maintainable and be dismissed. On the 19th December, 1972, the defendent-petitioners filed an application under Order 6, Rule 17 and section 153 Code of Civil Procedure for leave to amend paragraph 8 of the application. This application was resisted and the Court
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