Code of Civil Procedure, 1908–Order 37, Rule 3(5)–Application under–Dismissed due to causing the delay in trial–Suit for recovery of money–Case was dragged for a long time of four years–Held, application was rightly dismissed by trial Court–However, petitioner is granted the permission subject to cost of Rs. 5000/- and deposit the one-third amount of suit with the trial Court.
