LAWS(DLH)-2021-11-137

SURENDER KUMAR Vs. MANOJ KUMAR

Decided On November 24, 2021
SURENDER KUMAR Appellant
V/S
MANOJ KUMAR Respondents

JUDGEMENT

(1.) This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

(2.) The present application arises out of the revision petition that was filed by the Petitioner/Plaintiff (hereinafter "Plaintiff"?) challenging the impugned order dtd. 18/8/2020, by which the Plaintiff's suit instituted under Order XXXVII of CPC had been converted into an ordinary suit, and unconditional leave to defend had been granted to the Defendant. Vide order dtd. 15/12/2020, this Court was considering the question as to whether an unconditional leave to defend ought to be granted or any conditions were to be imposed in respect of the same. On the said date, the Trial Court's order dtd. 18/8/2020 was substantially modified, and this Court has observed as under:

(3.) This is an application filed on behalf of the Respondent/Defendant (hereinafter "Defendant"?) seeking modification of the order dtd. 15/12/2020 passed by this Court, to the extent that the said order records the submission of the ld. Counsel for the Defendant, that the "written statement has now been filed"?. It is the case of the Defendant thatthe said statement was inadvertently made. However, Ld. Counsel for the Defendant submits that the security of Rs.10,00,000.00 has been furnished, in compliance of order dtd. 15/12/2020.