S.K.MAL LODHA, J. - (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. The defendant -Company was under the Receiver -ship of Bokaro Steel Ltd. from October 8, 1973 to July 26, 1978. A compromise was entered into between the parties on May 4, 1976. In pursuance of that, payment of Rs. 10,000/ - was made by the Receiver and the plaintiff, vide the Receiver's letter dated July 12, 1976, was informed that the balance of instalments would be paid by the Receiver. It was averred that in April, 1979, the plaintiff showed his willingness to re -fix the instalments afresh. The case of the defendants further is that until the date of the institution of the suit only Rs. 25,000/ - have become due against them and that they may be permitted to deposit the same by instalments. It was stated that there was no contract for payment of interest and hence, the claim of the plaintiff for Rs. 16250/ - is wholly unsustainable. An objection has also been taken that the suit for Rs. 66250/ - is premature. An objection to the effect that the suit for two instalments is time barred, was also taken.
(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.;