- (1.) The Court : Leave is granted under clause 12 of the Letters Patent. This application is founded on money lent and advanced by the petitioner to the respondents and not repaid by them. This application is in the nature of one under Order 39 Rule 5 of the Code of Civil Procedure. An affidavit of service is on record. None appears for the respondents. At the present point of time, I pass an order in terms of prayers [a] and [h] of the Notice of Motion. I make this application returnable on 7th August, 2017.;