( 1 ) RULE. Mr. J. R. Shah, Advocate, waives service of Rule. The petitioner is original defendant against whom Summary Suit No. 5286 of 1992 for recovery of Rs. 71,156. 25 with running interest at the rate of 12% per annum on the principal sum of Rs. 55,650. 00 was filed by the respondent/original plaintiff in the City Civil Court at Ahmedabad. Summons of the suit was served upon husband of petitioner on 4-1-1993. As the petitioner did not enter appearance within ten days of service, the respondent/plaintiff moved an application for passing ex-parte decree. The learned Chamber Judge was pleased to pass ex-parte decree in terms of relief claimed, on 2-7-1993. From the record it also transpires that since the petitioner resides in Nasik in Maharashtra State, the decree was transferred to the Court at Nasik for execution and Darkhast Proceedings No. 172 of 1995 were initiated. The notice of Darkhast was also served upon the petitioner on 9- 2-1995. The petitioner entered her appearance and sought several adjournments till 31-3-1995 for filing reply. It is in this background that the filed Misc. Civil application No. 290 of 1995 under Order 37 Rule 4 of Civil Procedure C