NEETA AGARWAL Vs. R L GUPTA

JUDGEMENT

(1.) This civil revision is directed against an order of a Civil Judge dated 20/7/2001 by which he has allowed the application of the respondent/defendant and has granted him leave to defend the suit unconditionally.

(2.) Briefly the facts are that the petitioner/plaintiff filed a civil suit for recovery of money under the Summary Procedure under Order 37 Civil Procedure Code. The summons was served on the defendant who put in appear ance in time. The petitioner submitted an application for judgment. In response, the defendant submitted an application for leave to defend the suit which has been allowed unconditionally by the order impugned in this petition.

(3.) The averment of the petitioner in the suit is that he supplied fabric to the respondent/defendant and the respondent issued six cheques of various denominations as mentioned in para-2 of the plaint to discharge his liability.