GURDEEP SINGH Vs. MUNNA LAL

JUDGEMENT

(1.) . This revision petition is filed against the order dated 7th May, 1992, passed by Shri T.D.Keshav, Sub Judge, 1st Class, Delhi, whereby the application of the petitioner under Order 37 Rule 4 read with Section 151 of the Code of Civil Procedure for setting aside the judgment and decree dated 2th August, 1991 has been dismissed.

(2.) . The facts of the case are that the respondent had filed on 10th September, 1990, a suit for recovery of Rs.25,000.00 under the provisions of Order 37 Civil Procedure Code . The suit was decreed by the trial court against the petitioner/defendant and in favour of the respondent/petitioner on the ground that the defendant did not put in appearance within the stipulated period.

(3.) . According to the defendant, be bad put in appearance within 10 days as required under Order 37 Rule 3(1) of the Code of Civil Procedure and it was over sight on the part of the court not to take notice of this fact and, therefore, he bad filed an application under Order 37 Rule 5 read with Section 151 of the Code of Civil Procedure for setting aside the judgment and decree passed against him, which itself has been dismissed by-the trial court. That was done on 2nd August, 1991. This was not considered as an appropriate service by the trial court on the ground that underorder 37 Rule 3 Civil Procedure Code . on entering appearance the defendant should have given notice of appearance on his behalf to the plaintiff's pleader or the plaintiff. The learned Judge presumably has by giving this finding as kept in view the provisions of Order 37 Rule 3(3) Civil Procedure Code .