RAJESH BANSAL Vs. SHASHI BHUSHAN DHAMIJA

JUDGEMENT

(1.) THIS appeal arises out of an order passed by the Court of Additional district Judge, Delhi in a suit for recovery of a sum of Rs. 9,71,384/ -. Since the suit was filed under Order 37 of the CPC. The appellants appear to have made an application for leave to defend which application has been dismissed by the court below holding that the same did not disclose any triable issue. The suit was consequently decreed aggrieved whereof the appellants have filed the present appeal.

(2.) WHEN the appeal came up before us for admission today, Mr. Jagga, counsel for the a-Zppellant made a statement which we have separately recorded, that the appellants are ready and willing to deposit the entire suit amount in the Trial court as a condition precedent for the grant of leave to defend the suit. Learned counsel for the respondent has also made a statement which too has been separately recorded stating that the plaintiff/respondent is agreeable to the matter being remitted back for a full fledged trial provided the appellants deposit the entire suit amount in the Trial Court.

(3.) IN the circumstances, therefore, and keeping in view the broad agreement that has been arrived at between the parties, we are of the view that the impugned judgment and decree can be set aside and the appellants granted leave to defend the suit subject to their depositing the entire suit amount in the trial Court.