VITROCIN FOREXIM BUCHAREST ROMANIA Vs. BYFORD LIMITED

JUDGEMENT

(1.) In the present case the plaintiff has filed a suit for recovery of US Dollars 86798.42 equivalent to Rs. 11,53,809.80 under Order 37 of the Code of Civil Procedure (hereinafter referred to as 'the Code'). After the receipt of the summons for judgment defendant No.2 filed an application bearing I.A No.6916/91 under Order 37 Rule 3 of the Code seeking dismissal of the suit of the plaintiff with costs.

(2.) The present application has been filed on behalf of the said defendant under section 151 read with Order 37 rule 3 of the. Code seeking leave of the Court to file an additional affidavit for raising additional pleas. The submissions made in the application have been controverted by the plaintiff in its reply to the application.

(3.) Mr. Khanna, learned Sr. Counsel apearing on behalf of the defendants submitted that by this application the applicant has sought permission to raise some additional grounds and no new cause of action is sought to be introduced by the amendment. He. 'therefore, contended that the applicant should be permitted to raise aditional pleas mentioned in the application. Learned counsel also drew my attention to Order 37 Rule 3(7) of Code and submitted that for sufficient cause shown by the defendam, the Court can excuse the delay of the defendant in entering an appearance or in applying for leave to defenu the suit but in the presentcase the application for leave to defend has been filed within limitation and by this amendment only certain additional grounds have been raised. 322