RAJ KUMAR JAIN Vs. RAM GOPAL

JUDGEMENT

(1.) THE Plaintiff instituted a suit on 31 -5 -76 under Order 37 Code of Civil Procedure, on the basis of two promissory notes dated 1st June, 1975 for a sum of Rs. 10000/ - each executed by the Defendant No. 1 in his favour. Both these promissory notes contained the signature of Defendant No. 2 as a surety. Defendant No. 1 did not contest the suit but Defendant No. 2 filed an application for rejecting the plaint on the ground that the suit does not lie under Order 37 Code of Civil Procedure, inasmuch as on the date of the institution of the suit, Order 37 Code of Civil Procedure as amended did not apply to a guarantee on the basis of which the present suit has been filed. This contention has been repelled by the Civil Judge, Dehradun vide its order dated 6th February, 1979. Hence this revision.

(2.) I have heard learned Counsel for the parties and have also perused the impugned orders and the annexure which have been filed in this Court by both the parties.

(3.) THE argument of the applicant's Counsel is that Order 37 Code of Civil Procedure was amended on 1st February, 1977 by Code of Civil Procedure Amendment Act -76. Section 97(2)(x) of the Amending Act runs as follows: