VIJAY KRISHNA Vs. PARMESHWARI DAYAL

JUDGEMENT

(1.) THE applicant/defendant has directed this revision against the order dated 9.9.2000 passed by the 1st Additional District Judge, Khargone in civil suit No. 2B/2000 thereby refusing to grant permission to defend the suit filed under the provisions of Order 37 of the CPC.

(2.) ON perusal, it emerged that the permission to defend the suit was refused by the trial Court on the ground that after the publication of the summons Form -4 of Appendix -B, the applicant -defendant did not record his appearance before the Court within 10 days as comtemplated under Order 37 Rule 3(4) of the CPC. The permission was also refused on the ground that the application was not filed within time.

(3.) IT is further directed that in default of furnishing the bank guarantee as indicated above within the specified time, the respondent -plaintiff shall be entitled to a decree in the pending suit as provided under Order 37 Rule 2(3) of the CPC. If the applicant -defendant in compliance of this order furnish a bank guarantee within the time granted by this Court, the trial Court shall proceed to dispose of the suit in accordance with law. No order as to costs.