PATEL BALDEVBHAI RAMJIBHAI Vs. PATEL VISHNUBHAI HARGOVINDDAS

JUDGEMENT

(1.) THIS petition arises out of impugned order dated 08/02/2008 passed under Order 37 of the Code of Civil Procedure (for short the Code) granting conditional leave to the original defendant petitioner, on his depositing an amount of Rs.3.32 Lacs. In a Summary Suit valued at Rs.5.40 Lac summons for judgment was taken out vide Exh.8 seeking a decree in the sum of Rs.3.50 Lacs and also the interest of Rs.1.83 Lacs aggregating Rs.5.40 Lac. The reply was filed which was adopted as leave to defend affidavit vide Exh.10 in said Summary Suit No.445 of 2001 instituted in the Ahmedabad City Civil Court.

(2.) BEFORE the impugned order came to be passed few other proceedings intervened, which not being relevant for the purpose of this petition, are not elaborated.

(3.) IN the leave to defend affidavit, the issues raised by the defendant were (01) limitation; (02) that cheques were not issued by the petitioner; (03) maintainability of the suit as summary suit and, (04) that the averments made by the plaintiff in the plaint were in contradiction with the averments in the complaint that was lodged on dishonor of the cheques.