ALOK GUPTA Vs. KRISHAN KUMAR SARIN

JUDGEMENT

(1.) The present revision petition has been filed challenging the impugned order dtd. 24/8/2020, passed in CS DJ ADJ No.517848/2016 titled Alok Gupta v. Krishan Kumar Sarin and Anr., vide which unconditional leave to defend was granted to Respondent No.2/Defendant No.2 (hereinafter "Defendant No.2").

(2.) The suit underlying the present revision petition had been filed by the Plaintiff/Petitioner (hereinafter "Plaintiff") against the Defendants, who are husband and wife, namely, Mr. Krishan Kumar Sarin and Mrs. Priya Sarin, under Order XXXVII CPC, seeking recovery of a sum of Rs.25.00 lakhs, with pendente lite and future interest at 18% p.a. The suit has already been decreed against the husband/Defendant No.1 vide the Trial Court's order dtd. 20/8/2020. The relevant extract of the said order reads as under:

(3.) Thereafter, the wife of Defendant No.1 i.e., Defendant No.2, filed a leave to defend application before the Trial Court. The present revision petition arises out of the Trial Court's order, vide which the same has been unconditionally allowed. The relevant portion of the impugned order reads as under: