DINESHBHAI DAHYABHAI PATEL Vs. VALIBHAI S. MISTRY

JUDGEMENT

(1.) Heard Mr. Harnish M. Patel, learned advocate for the petitioner.

(2.) In this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 05.05.2021 passed by the learned 3rd Additional Civil Judge, Ahmedabad below Exh. 10 in Summary Suit No. 273/2020 where under leave to defend application is allowed on condition of depositing 50% of suit amount.

(3.) Mr. Patel submits that the petitioner - original defendant is granted leave to defend application conditionally though the learned trial Judge has recorded in the impugned order that triable issues are raised. He submits that the learned trial Judge has also recorded in the impugned order that the petitioner has raised many triable issues which cannot be decided without the evidence adduced. He therefore, submits that present petition requires consideration.