R. K. ABICHANDANI, J.

( 1 ) THE petitioner seeks to challenge the order dated 6/10/1990 passed by the learned Joint Civil Judge (J. D.), Gandhidham in civil Suit No. 147 of 1988 below Exh. 25 granting leave to defend to the respondent. The main grievance of the petitioner is that, when the defendant had not filed application for leave to defend for a long time and the petitioner had already moved the Court by applications Exhs. 12 and 14 to pass a decree under Order XXXVII Rule 6 since no application for leave to defend was filed as required by Order XXXVII Rule 5 and the learned Civil Judge had directed that the matter be posted for pronouncement of judgment. The trial Court had, instead of pronouncing judgment, granted leave to defend on an application made by the respondent after the earlier order directing to place the matter for pronouncement of judgment was passed.

( 2 ) THE petitioner has sued the respondent for recovery of Rs. 3,685/ - with interest on the ground that the respondent failed to repay the amount of Rs. 3,000. 00 borrowed from the petitioner on 13/07/1987 under a promissory note. In the said summary suit, it appears that the summons for judgment was served on th

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