SARLA DEVI Vs. DAYA RAM

JUDGEMENT

(1.) In a suit purporting to have been filed under Order37 of the Civil Procedure Code the defendants have been served. They have failed to put inappearance within the meaning of Order 37 Rule 2, Sub Rule 3. An applicationstyled as under Section 148 Civil Procedure Code and Section 5 of the Limitation Act read with Section 151 Civil Procedure Code has been filed seeking condonation of delay in putting in appearance. The application has been opposed vehemently by the plaintiffs' Counsel submitting that the Court does not have jurisdiction to extend the time statutorily appointed for putting in appearance by the defendants.

(2.) . It is not necessary to dispose of the contending contentions raised touching the application filed by the defendant because having heard the learned Counsel for the parties this Court has formed an opinion that the suit itself is not triable under Order 37 Civil Procedure Code and so the question of putting in any appearance and seeking leave to defend by the defendants does not arise.

(3.) . The defendants Nos.1 and 2 and Late Rej Ram, the deceased father of the defendants Nos. 3 and 4 had entered into an agreement to sell an immovable property in favour of the plaintiffs. The contract has failed in view of the property having been acquired by the State. The plaintiffs have filed this suit for recovering back the amount of consideration paid by them.