BHOPAL MINING WORKS Vs. JAI MICA SUPPLY CO

JUDGEMENT

(1.) THIS revision by the defendants under Section 115, CPC is directed against the order dated October 9, 1980, passed by the District Judge, Bhilwara in Civil Original Case No. 51 of 1979

(2.) THE plaintiff -non -petitioner instituted a suit for Rs. 66250/ - consisting of Rs. 50,000/ -as principal and Rs. 16250/ - as interest. The suit was instituted under Order XXXVII, Rule 2 CPC. Summons for judgment in form IV -A in Appendix B, were issued on March 20, 1980, which were served on March 26, 1980. The defendants applied to defend the suit unconditionally under Order XXXVII, Rule 3(5), CPC.

(3.) THE learned District Judge, by his order granted leave to defend on October 9, 1980 to the defendants under Order XXXVII, Rule 3(5), CPC on the condition that the defendants should deposit a sum of Rs. 25,000/ - so admitted to be due within one month.