SANDEEP KUMAR Vs. VIDESH KUMAR

JUDGEMENT

(1.) THE petitioner is aggrieved by an order dated 25. 8. 2007 whereby the learned trial Court allowed an application of the respondent under Order 37 rule 3 (7) for condonation of delay in putting appearance in a summary suit. The learned trial Court after considering the facts as placed by the respondents before it, found that respondents had shown sufficient cause for condonation of delay in putting appearance.

(2.) UNDER Article 227 this Court has only to see if the Court below has acted within the purview of its power and has not committed any illegality. This Court cannot sit in appeal and re-appreciate the merits and substitute its own opinion regarding sufficiency of the material as against the opinion of the learned Civil Judge. I find that there was no ground to interfere in the order. The petition is hereby dismissed.