VALMIKI J. MEHTA, J.

1. By this Order I am disposing of the three leave to defend applications filed by the defendant nos.1 to 3 in the suit. Leave to defend applications are under Order XXXVII Rule 3 sub-Rule 5 of the Code of Civil Procedure, 1908 (CPC). The suit is a suit for recovery of Rs.1,06,89,531.40.

2. Before I turn to the facts of the present case, and pass the present order allowing the leave to defend applications, I must mention certain disturbing and disconcerting facts. It is found that in many cases, which come up in this Court, though the cases are pleaded to have been filed as falling under Order XXXVII CPC, ex facie, the suits ought not to have been filed by these litigants under Order XXXVII CPC. Filing of suits as Order XXXVII suits, though the same are not covered under Order XXXVII CPC result in wastage of precious judicial time, and which in this case has stretched to about four years and around two dozen dates of hearings. It is high time that this unac