( 1 ) THIS is a defendant s revision directed against the order of Shri Amarjit Chopra, Commercial Subordinate Judge 1st Class, Delhi, dated 21st March, 1966 directing the defendant to deposit the suit amount together with tentative costs of the suit assessed at Rs. 398. 00 on or before 29th March, 1966 failing which the defendant s request to appear and defend the suit was to be deemed to have been declined.

( 2 ) THE suit in the Court below was instituted early in December, 1965 by Shri Bishambar Nath Chopra against Shri Niresh Chandra Mittal for the recovery of a sum of Rs. 1. 359. 50 Paise under Order 37, Code of Civil Procedure. According to the plaint, the defendant had executed a promissory note for Rs. 950. 00 on 15th January, 1963 payable to the plaintiff with interest at 15 per cent per annum and the defendant having not paid the said amount or any part thereof in spite of repeated demands, the plaintiff claimed Rs. 9501. 00 as principal and Rs. 409. 50 Paise as interest up to date at 15 per cent per annum.

( 3 ) THE defendant applied under Order 37, Rule 3, of the Code for leave to appear and defend the suit. The grounds for such leave were pleaded to be that the prom