T RAJMOHAN Vs. C CHOCKALINGAM

JUDGEMENT

(1.) Aggrieved by an order dated 21.8.2001 made in I.A.No.2304 of 2001 in O.S.No.5354 of 2000 on the file of the learned I Assistant City Civil Judge, Chennai, permitting the respondent/defendant to defend his case under Order 37 Rule 5, C.P.C., the plaintiff in O.S.No.5354 of 2000, laid for recovery of money to the tune of Rs.1,70,000/ - along with interest at Rs.2.50 per Rs.100/ - per month, has filed the above revision.

(2.) Order 37 Rule 5 of the Code of Civil Procedure reads as follows:

(3.) The first proviso to Order 37 Rule 5 confers a right on the defendant to seek leave to defend himself, and such right shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious.