GURCHARAN SINGH Vs. SOKHAL MINERALS PVT. LTD.

JUDGEMENT

(1.) By this petition, the petitioner challenges the orders of the learned trial court (Additional Civil Judge (Sr. Divn.), Sirsa), dated 17.09.2019, by which leave to defend the suit instituted by the present petitioner against the respondents herein (defendants in the suit) has been granted to the defendants, the suit being one filed under the provisions of Section 37 of the Code of Civil Procedure, 1908.

(2.) Learned counsel for the petitioner points to the amendement made in Rule 3 of Order 37 of the CPC, as applicable to the States of Punjab, Haryana and Himachal Pradesh, as also to the Union Territory/ NCT, Chandigarh and Delhi, with the said Rule reading as follows:-

(3.) He therefore submits that with the provisions of Section 5 of the Indian Limitation Act, 1963, to be applicable to any application filed by the defendant seeking leave to defend the suit, the respondents- defendants were required to file an application under Section 5, if they sought leave to defend the suit, once such application, seeking leave, had been filed beyond the period given in the notice issued.