GURDIP SINGH KALRA Vs. SURJIT SINGH SOOD

JUDGEMENT

(1.) The defendant Shri Surjit Singh Sood, is an Advocate. He appears in person and by this application, under Order 37 Rule 3 Sub-Rule (5) of Code of Civil Procedure, seeks unconditional leave to contest. Defendant had filed an affidavit on 23rd April, 2001, seeking unconditional leave to contest the suit. The present application filed on 18th July, 2002 has been filed in the proper form, accompanied with an application under Section 5 of the Limitation Act to condone the delay and to avoid any technical objection.

(2.) The application under Section 5 of the Limitation Act was allowed vide orders dated 20th March, 2003. Learned counsel for the plaintiff also gave his no objection to the application IA 6306/2002 being considered alongwith the affidavit as originally filed. Arguments were heard in the application and judgment was reserved on 20th March, 2003.

(3.) The plaintiff Shri Gurdeep Singh Kalra, has filed the present suit under Order 37 of the Code of Civil Procedure for recovery of a sum of Rs.5,32,200/- (Rs.Five Lacs Thirty Two thousands Two Hundred) from the defendant. The plaintiff's case as set out in the plaint and the application for summons for judgment, may be briefly noted.