Code of Civil Procedure, 1908–Order 37, Rules 4 & 7–Dismissal of application under Order 37, Rules 4 & 7 as well as the appeal against the order–Appreciation of–Suit for recovery of money–Summons were duly served upon the petitioner and his advocate put his appearance and raised an objection to the plaint filed by the respondent-plainitiff–Vakalatnama was filed on behalf of the petitioner and, thereafter, petitioner failed to appear before the Court and he was proceeded ex-parte–Plea of the petitioner that he remained unrepresented, cannot be accepted as the decree was passed on 02.11.2018 and his counsel expired in the year 2021–Plea of restriction of Covid-19 is also not acceptable in view of intervening period–Held, the petitioner failed to make any ground for grant of leave to defend as per Rule 4 and application was rightly rejected.


