B L GUPTA Vs. SUNITA KHANNA

JUDGEMENT

(1.) This order shall dispose of an application under Order 37 Rule 4 CPC filed by the defendant on 18.8.93 seeking setting aside of the ex-parte decree dated 7.8.91 in a suit under Order 37 of the CPC.

(2.) The plaintiff filed a suit for recovery of Rs.2,03,385.00 being licence fee due and payable by the defendant to the plaintiff under licence deed dated 30th November, 1988, confirmation deed dated 31st March. 1989, an acknowledgement dated 8.12.89 and letter of acknowledgment dated 18.9.89.

(3.) Summons for judgment in the suit having been served, the defendant filed an application for leave to defend. The application is belated and hence is accompanied by an application seeking condonation of delay in filing the application for leave to defend. It is noteworthy that in the application for leave to defend, the defendant has nowhere disputed her possession as licencee over the suit premises. What has been disputed is the right of the plaintiff to institute the suit. It is stated that the plaintiff has been an advocate of one Lakshmi Chand who is the person holding leasehold rights in the property owned by the D.D.A.; the plaintiff has misused his position of an advocate by securing the licence deed in his favour; Lakshmi Chand being the real person entitled to bring the suit, this suit at the instance of the plaintiff may not lie.