SUB RUE 1 & 3 OF RULE 3 OF ORDER 37 CPC

rajan chopra (Querist) 26 January 2017 This query is : Resolved
Sir in a summary suit u/o 37 CPC being filed by me the defendant through counsel filed an application for leave to defend the suit only and did not mention even a word that he wants to put an appearance in the suit and also did not file an address for service of notice upon him with his application as per sub rule 1 of rule 3 of order 37 CPC and also did not give notice of such appearance to plaintiff in person or by prepaid letter directed to the address of plaintiff as per sub rule 3 of rule 3 of order 37 CPC.The application of defendant has been allowed by Court by holding that the technicalities of law should not be made hurdle in. the dispensation of justice interse the parties to the suit.Now we want to file revision petition against the order of trial court and are these grounds sufficient to file revision petition u/s 115 CPC in Session court ?

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