BUILD TECH Vs. RAKESH JAIN

JUDGEMENT

(1.) With the consent of the parties the matter has been heard and is being disposed of finally.

(2.) In the suit filed by the respondent under Order 37 of the Code of Civil Procedure, the petitioner on being served with summons for judgment filed an application under Order 37Rule 3(5) of the Civil Procedure Code for grant of leave to defend the suit.. The learned Trial Court after hearing the parties and going through the record had in para 5 of the judgment observed as under:

(3.) After holding that the defence raised by the respondent was not frivolous and the suit cannot be straight away decreed by refusing leave to defend, the Trial Court has observed in para 9 of the judgment that it was prima facie of the opinion that the defence raised by the defendant was illusory and consequently granted leave to the defendant to contest the suit on merits subject to his furnishing bank guarantee of the suit amount. Being aggrieved by this judgment of the Court, the defendant has filed the present revision petition.