(1.) The suit is filed for the recovery of Rs.67,68,858.00 with subsequent interest.
(2.) In the plaint, apart from staling that plaint is filed under Order 37 Civil Procedure Code, a decree for mortgage is also prayed for. The plaint was presented on 29.3.93. On 30.3.93 when the matter came up before Court, the learned counsel for the plaintiff submitted that he was giving up the relief for mortgage decree and the suit may be treated as a suit under Order 37 Civil Procedure Code that was accepted and ordered by Bansal, J. Therefore, the suit is under Order 37 Civil Procedure Code and summons was directed to be issued as per the provisions of Order 37 CPC.
(3.) There are three defendants in the suit. First defendant filed IA.7843/94 for leave to defend. Second defendant filed IA.7533/94 for leave to defend. He also filed IA.7605/94 for condonation of delay for 55 dys in filing IA.7533/94. Defendant No. 2 has filed O.A.7/94 questioning the order dated 3.8.94 by the Joint Registrar holding that the summons for judgment had been served on the second defendant on 27.6.94. Second defendant has also filed IA.7747/94 for condoning delay in filing the appeal. Third defendant has filed IA.4760/94 for leave to defend.