BONWARI LAL ROY Vs. SOHAN LAL DAGA

JUDGEMENT

(1.) There are three appeals before us by the same Appellant. Appeal No. 132 of 1952 is against an order refusing leave to defend, passed in a suit brought under Order XXXVII, Rule 1, of the Code of Civil Procedure. Appeal No. 26 of 1953 is an appeal against an order refusing stay of execution of the decree subsequently passed in the aforesaid suit. Appeal No. 25 of 1953 is against an order appointing a Receiver by way of execution.

(2.) The main appeal is Appeal No. 132. In that appeal a preliminary objection was taken that no appeal lay from the order appealed from. In my view that contention is well-founded, but before I proceed to give my reasons, it is necessary to state the facts.

(3.) The Appellant was the second of two Defendants in a suit brought under Order XXXVII, Rule 1, of the Code of Civil Procedure on the Original Side of this Court for the recovery of Rs. 15,159-6-0 on three hundies, all executed on October 30, 1951. The amount covered by the three hundies was Rs. 14,700. The additional amount included in the claim is explained by a claim for interest.