PRADEEP NANDRAJOG, J.

1. Vide present petition under Section 115 of the Code of Civil Procedure petitioners have laid challenge to the order dated 04.02.2006 passed by the learned Additional District Judge, Delhi.

2. By and under the impugned order the learned Trial Court has dismissed an application under Order XXXVII Rule 3(5) CPC seeking leave to defend a recovery suit filed by the respondent company under Order XXXVII CPC.

3. Facts necessary to dispose of the present petition are that the respondent company filed a suit under Order XXXVII CPC against the petitioners for recovery of Rs.7,15,965/-. Suit was based upon a lease agreement dated 14.04.99 entered into between the respondent company and petitioner no.1 Major Kuldip Singh and a letter

dated 30.05.01 written by petitioner no.1 wherein he admitted his liability to pay to the respondent company.

4. Material averments in the plaint were that a lease agreement dated 14.08.95 was entered into between petitioner no.2, M/s Ritu Cosmetics, a proprietorship concern of petitioner no.1 and M/s Burlington Air Express India (P) Ltd, predecessor-in-interest of the respondent company. That vide lease agreement dated 14.08.95 petitioner

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