1. In a civil suit under Order 37 Civil Pr, Code, the defendent had made an application on 30.4.1976 purported to be under Order 37 Rule 3 Civil Pr : Code that he was interested to defend the suit on the grounds mentioned in the application and sought permission to defend the suit, This application was considered by a learned Single Judge (Anand J as his Lordship then was), who after hearing the parties made an order that the defendant be permitted to amend the application and add a prayer to the effect that he wants to appear in the suit. In the original application the permission to appear in the suit was not mentioned. Learned Counsel for the plaintiff submitted that it was obligatory for the defendent to seek permission to appear and defend the suit under the provisions of Order 37 Civil Pr: Code. Merely seeking permission to defend the suit will not satisfy the requirement of the procedure. He has in support of his submissions relied on a Division Bench authority of this Court viz : Lala Gopaldass Vs. Lala Chander Prakash, reported in AIR 1966 J&K 138. It is held in this authority that procedure under Order 37 is both harsh and rigor us which is required to be strict