PRANAV RAMESH SHAH Vs. SHASHI KUMAR MOHATA

JUDGEMENT

(1.) Though this Matter is called out twice, learned Advocate for the respondent is not present.

(2.) This Revision Application is filed against the order dated 02.04.1999 passed by the learned City Civil Court, Ahmedabad in Summary Civil Suit No.1576 of 1997 whereby the learned Trial Court has passed the order 'leave to defend is granted subject to condition that the defendant should deposit sum of Rs.50,000/- in the Court within six weeks.'

(3.) Respondent herein original plaintiff filed Summary Civil Suit No.1576 of 1997 against appellant herein original defendant before the learned City Civil Court, Ahmedabad for recovery of an amount of Rs.97,000/-. Against the claim of the original plaintiff, the appellant herein original defendant filed leave to defend application and contended that matter was referred to Arbitrator and Arbitrator has given award and he has made full payment towards the award. After hearing both the sides, learned Trial Court passed an order dated 02.04.1999 'leave to defend is granted subject to condition that the defendant should deposit sum of Rs.50,000/- in the Court within six weeks'. Hence, present appellant original defendant has preferred present Revision Application against the said order.