M M HEALTHCRE LTD Vs. P K CHAUHAN

JUDGEMENT

(1.) By the present petition the petitioner seeks to impugn the order dated 17.7.2015 by which order the application of the respondent under section 10 CPC was allowed and the suit filed by the petitioner was stayed.

(2.) The plaintiff/petitioner had filed the present suit under Order 37 CPC as a summary suit for recovery of Rs.64,960/-. The respondent No.1 entered appearance and filed an application for leave to defend. He also filed an application under Section 10 CPC for stay of the suit.

(3.) By the impugned order the trial court has not adjudicated upon the application for leave to defend filed by the respondent but has disposed of the application filed by the respondent under Section 10 CPC allowing the said application.