Code of Civil Procedure, 1908–Order 37–Money suit–Leave to defend–Denial–Justification–Trial Court and High Court omitted to consider that the appellant-defendant no. 2 is contesting its liability with the assertion that it had only been the contractor executing the work of defendant no. 2–High Court did not give any reason as to why the defence of appellant no. 2 was frivolous and vexatious–Appellant no. 2 ought to have been granted the leave to defend–Impugned decree up to this extent deserves to be set aside.
