Code of Civil Procedure, 1908–Order 37, Rule 4–Dismissal of the application–Appreciation of–Despite the service of summons for judgment on the appellants through the Court appointed guardian, no application seeking to leave to defend the suit was filed within prescribed period–Ground submitted that the Advocate appearing in the case, went to Mumbai for cardiac surgery, cannot be said to a special circumstance–Further, no document has been placed to substantiate this ground–Furthermore, delay of 22 months was not explained–Held, application was rightly dismissed.
