The Chief Justice.-The only question which arises in this appeal is whether Order 37, rule 4, Civil Procedure Code (hereinafter referred to as the Code) applies to the Original Side of this Court. The respondent filed the suit (C.S.No. 260 of 1948) for the recovery of a sum of Rs. 15,050 alleged to be due for principal and interest in respect of a cheque, dated 9th March, 1948, drawn by the second defendant in favour of the first defendant and endorsed over by her in favour of the plaintiff and which was dishonoured on 18th March, 1948. The suit was filed under the provisions of Order VII, Original Side Rules. No application for leave to defend was made by the defendants within the prescribed time and therefore the Master passed a decree on 22nd September, 1948, for the sum of Rs. 15,462-8-0 with interest thereon at the rate of six per cent. per annum from the date of the decree till date of payment and for the costs of the suit. On 12th January, 1949, the first defendant took out an application purporting to be under section 151, and Order 37, rule 4 of the Code praying that the decree drawn up by the Master on 22nd September, 1948, may in the special circumstances of the case be

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