Strict procedural requirements under Order XXXVII of the Code of Civil Procedure must be adhered to, and the trial court's approach should not be casual.

1. Nek Singh-plaintiff is aggrieved of orders dated 12.12.2003 and 25.09.2004 of learned Second Additional District Judge, Jammu, whereby he has granted leave to defend the suit filed under Order XXXVII of the Code of Civil Procedure to the defendant-respondent.

2. Shri D.C.Raina, learned Senior Counsel appearing for the petitioner-plaintiff, submits that learned Second Additional District Judge, Jammu ( hereinafter, referred as the ˜trial court™), has erred in appreciating the true spirit of Order XXXVII of the Code of Civil Procedure and that the orders have resulted in failure of justice.

3. I have considered the submissions of Sh. D.C. Raina, learned Senior Counsel appearing for the petitioner.

4. Perusal of interim order dated 12.12.2003 reveals that the learned trial court, while permitting the respondent-defendant to enter appearance in the case, has simultaneously granted leave to defend too. No reasons have been given in the order for granting leave to defend the suit. The defendant has been called upon by virtue of this order to file his written statement. It appears that order dated 12.12.2003, has been passed by the learned trial court without appreciating the true spirit and requirements of Order XXXVII of the Code of Civil Procedure.

5. Suits under Order XXXVII of the Code of Civil Procedure are required to be dealt with strictly in accordance with the procedure prescribed under Order XXXVII of the Code of Civil Procedure. Order XXXVII, in other words, is a complete code in itself. Procedure for entering appearance by a defendant is prescribed in Order XXXVII, Rule 3(1) of the Code. Procedure for seeking leave to defend the suit is provided under Order XXXVII, Rule 3(5).

6. Appearance in answer to summons issued under Rule 2 is to be entered within 10 days of service of summons on the defendant. A defendant, on entering appearance, is required to serve notice on plaintiff™s pleader or to plaintiff, if he sues in person, regarding notice of his appearance in the case. Rule 3(4) of Order XXXVII, permits the plaintiff to serve on the defendant, the summons for judgment. It is within ten days from the service of such summons that the defendant is required to seek leave to defend the suit by disclosing such facts, as may be deemed sufficient to entitle him to defend the suit.

7. It appears that learned trial court, has given a complete go bye to the procedure prescribed for dealing with suits under Order XXXVII of the Code of Civil Procedure. The approach of the learned District Judge is casual.

8. In view of the error committed by the learned trial court, I am left with no option but to allow this petition and set aside the orders impugned in this petition.

9. Learned trial court shall treat the respondent-defendant to have entered appearance under Order XXXVII Rule 3 of the Code of Civil Procedure and shall, thereafter, proceed in accordance with rest of the provisions of Order XXXVII of the Code of Civil Procedure.

10. The present suit, though instituted in October 2003, is yet to pass through the preliminaries. Learned trial court is thus directed to proceed with expeditious dispatch in dealing with the case.

11. A copy of this order be sent to the concerned District Judge, for his guidance.

Records be immediately transmitted to the trial court.

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