JUDGMENT

V.B.Gupta, J.

As per impugned order dated 25th May, 2010, application of petitioner (defendant in trial court) filed under Order 37 Rule 3 (5) of the Code, seeking leave to defend, was dismissed and consequently suit filed by respondent (plaintiff in trial court) was decreed for a sum of Rs. 89,990/- with costs and pendent lite and future interest @ 12% per annum. Counsel fee of Rs.4000/- was also awarded to respondent.

2. The short question which arise for consideration is as to whether against final decree, Revision lies under Section 115 of Code of Civil Procedure (for short as 'Code') or an appeal lies under Section 96 of the Code.

3. It is contended by learned counsel for petitioner that Revision under Section 115 of the Code is maintainable against impugned order. In support learned counsel cited decision of this Court, Shri Krishan Bhardwaj Vs. Manohar Lal Gupta, AIR 1977, Delhi 226, where leave to defend the suit under Order 37 of Code was refused by trial court, the Division Bench observed that; "Revision in the circumstances of the case is competent."

4. As per impugned order, petitioner's application for leave to defend under Order 37 Rule 3 (5) of the Cod