Law:

Section:

(a) Civil Procedure Code (V of 1908)-

--- 0. XXXVII, R.3 & S.115 --- Suit in summary jurisdiction --- Leave to appear and defend suit---Summons issued to defendant required him to obtain leave from the Court within ten days from the service of summons --- Defendant had, thus, a statutory right to seek leave of the Court within ten days of the receipt of summons --- Trial Court should have waited for expiration of said period before passing a decree against defendant, but it decreed suit before statutory period of ten days had run out -- Defendant's conduct even if deemed to be contumacious for his objection that his name had not been correctly mentioned in summons, that too, did not furnish justification for shutting out defence of petitioner by passing adverse order against him without permitting him to avail of full period prescribed by law and also allowed by Trial Court to him for seeking leave to defend suit --- Nobody should suffer for the act of Court-- Judgment and decree passed against defendant was set aside and case was remanded for fresh hearing and decision.

(b) Civil Procedure Code (V of 1908)--