DAULA RAM Vs. SAJJAN KANWAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner/defendant is aggrieved against the order dated 29. 8. 2005 by which the trial court dismissed the petitioner's application filed under Order 37 Rule 4 CPC for setting aside the decree passed under Clause (a) of Sub-rule (6) of Rule 3 of Order 37 CPC as the petitioner/defendant did not sought leave to defend the suit within a period of 10 days as required by Sub-rule (5) of Rule 3 of Order 37 CPC.

(3.) SUB-Rule 4 of Rule 3 says that a summons for judgment in Form No. 4a as prescribed in Appendix B or such other Form as may be prescribed from time to time, shall be returnable not less than ten days from the date of service. . . . . . . whereas as per SUB-rule (5) of Rule 3 of Order 37 CPC, if the defendant will not seek leave to defend within ten days from service of summon upon him, he is to suffer decree against him in the suit as per Clause (a) of SUB-rule (6) of Rule 3 of Order 37 CPC.