B.R. ARORA, J.—This revision petition is directed against the order dated 31st of May, 1988, passed by the District Judge, Pali, by which the learned District Judge, Pali, allowed the application under 0.37 Rr. 3 and 5 of the Code of Civil Procedure filed by the petitioner defendants on certain conditions.

2. Briefly stated the facts of the case are that plaintiff Shantilal filed a suit under 0.37 C.P.C. against Nemichand and Babulal for the recovery of Rs. 12,500/-. This suit was based on a Khata dated 17.10.81 executed by the defendants after settling the whole account and it was admitted that an amount of Rs. 35,000/- is outstanding which would be paid in 14 equal instalments of Rs. 2500/- each. As the defendants have not paid the first five instalments, hence the plaintiff was forced to file the present suit. The notices of this suit were issued to the defendant under 0.37 r.2 C.P.C. and the defendants put up their presence and filed the application under 0.37 R. 3 (5) C.P.C. for leave to defend the suit, this application for leave to defend the suit was contested by the plaintiff and the learned District Judge, Pali by his order dated 31st of May, 1988, decided the application

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