Hon’ble Manoj Misra, J.—This is defendant’s revision against an order dated 10.11.2014 passed by Civil Judge (Sr. Div.), Room No. 14, Allahabad in Suit No. 1014 of 2012 (hereinafter referred to as the suit) by which application No. 51 Ga moved by the defendant-revisionist, under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code), to allow the defendant to cross-examine the plaintiff’s witness and argue the matter on legal points, has been rejected by the Court below. The Court below rejected the said application on the ground that the suit was a summary suit wherein the leave to defend was granted on a condition which the defendant failed to fulfill therefore the defendant was entitled to judgment forthwith, under Order XXXVII Rule 3 (6)(b) of the Code, and as such the defendant had no right to cross-examine the plaintiff’s witnesses or to address the Court in defense.

2. The question that arise for adjudication in this case is that, whether in a summary suit, under Order XXXVII of the Code, where the defendant has been granted leave to defend on a condition and that condition has not been fulfilled, would the defendant still have a right