KRISHANLAL KHANNA Vs. SHASHI SEN

JUDGEMENT

(1.) DECREE passed by the learned Senior Sub -Judge, Amritsar, has been challenged in this revision petition on the ground that the same is contrary to Order 37, Rule 3, C.P.C.

(2.) ON 2.11.1993 the plaintiff -Respondent filed a suit under Order 37, for recovery of Rs. 43,000/ - allegedly given as loan to M/s Raman Woollen and Silk Mills through Shri Piara Lal Khanna. According to the plaintiff -Respondent the defendants failed to make repayment of the loan necessitating filing of the suit. Summons were served on the defendant -petitioner on 8.12.1993 and he appeared before the trial Court on 16.12.1993. On 17.1.1994 the plaintiff -respondent filed an application to issue summons for judgment but before that the petitioner and other defendants filed an application under Order 37, Rule 3, C.P.C. for leave to defend the suit. This application of the petitioner has been dismissed by the learned Senior Sub -Judge.

(3.) IN the impugned order the learned Senior Sub -Judge has made reference to the argument of the parties on the prayer made by the defendants (including the petitioner) for defending the suit and then recorded his conclusion in the following words: -