Honble YAMIN, J.–This is a revision against the order of learned Civil Judge (SD), Bhinmal dated 28.11.1994 by which he dismissed the applications of the defendants to grant them leave to defend the suit.

(2). Briefly stated, plaintiffs filed a suit under Order 37 CPC for recovery of Rs. 18, 900/- against the defendants on the basis of a pronote alleging that the defendant No. 1 is the Karta of Joint Hindu Family while defendant No. 2 is minor and that defendant No. 1 took loan of Rs. 15, 000/- for the legal necessity of Joint Hindu Family at Bagauda and executed a pronote. Learned District Judge, before whom the suit was originally filed, issued notices to the defendants in Form No. IV and the defendants put their appearance on 7.9.1992 i.e. within ten days of service of summons as the summons were served on them on 31.8.1992. Later on the suit was transferred to the learned Civil Judge because of change of jurisdiction. Notices were then sent to the defendants. Defendants No.1 and 2 filed applications for leave to defend stating that they were living separately and that the defendants No. 2 and 3 were minors and that defendant No.1 was carrying on his business at Mysore and that t

Click Here to Read the rest of this document