REQUIREMENT OF rule 4 order 37 cpc

Where on an application, more than one among the specified reliefs
may be granted by the Court all such reliefs must be claimed in one application. It
is not permissible to claim such reliefs in successive petitions as it would be
contrary to the letter and spirit of the provision. That is why where an application
under Rule 4 of Order 37 is filed to set aside a decree either because the defendant
did not appear in response to summons and limitation expired, or having appeared,
did not apply for leave to defend the suit in the prescribed period, the Court is
empowered to grant leave to defendant to appear to the summons and to defend the
suit in the same application. It is, therefore, not enough for the defendant to show
special circumstances which prevented him from appearing or applying for leave
to defend, he has also to show by affidavit or otherwise, facts which would entitle
him leave to defend the suit. In this respect, Rule 4 of Order 37 is different from
Rule 13 of Order 9.”





Indeed, an application under Order 37 Rule 4 CPC differs vis-a- vis an
application under Order 9 Rule 13 CPC for the reason an application under Order
37 Rule 4 CPC is a composite application determination whereof, if in favour of
the applicant, results in not only the ex-parte decree being set aside but leave to
defend being granted to the party concerned. It is for this reason law requires that
the defendant, in addition to show special circumstances which prevented him/her
from appearing, must additionally disclose facts entitling him/her to obtain leave to
defend.