I.D.DUA, S.K.KAPUR
RADHEY SHAM SAWHNEY – Appellant
Versus
BAWA JOGINDER SINGH BHALLA – Respondent
( 1 ) THIS is the defendants revision under section 115, Code of Civil Procedure, from the order of a learned Subordinate Judge 1st Class, Delhi, dated 13/9/1967 disposing of the defendants objection questioning the jurisdiction of the Court below to entertain, try and dispose of the suit under Order 37 of the Code. The Court below repelled the defendants challenge holding that even after the enforcement of the Delhi High Court Act (No. 2 of 1966), it was competent to entertain the present suit by virtue of the amended Rule of Order 37. The Court below also disposed of by the impugned order the defendants application for leave to defend the suit. It directed deposit by way of security, by the defendants, of the amount of Rs. 500. 00, which was admitted by the defendants to be due to the plaintiff, along with a sum of Rs. 75. 00, the estimated costs thereon. In regard to the balance of Rs. 1,200. 00 together with costs estimated at Rs. 200. 00, the defendants were also directed to furnish security.
( 2 ) BEFORE me on revision, the first and foremost challenge against the order of the Court below relates to its competence to entertain and proceed with the present su
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