SAPNA COLLECTION Vs. KACHARABHAI HATHISING SHAH & 1

JUDGEMENT

(1.) Rule. Mr. Dhaval V. Shah, learned advocate waives service of notice of Rule for the respondent/s.

(2.) Heard learned counsel for the respective parties and perused the record.

(3.) Petitioner has challenged the order dated 14.3.2013 below Exh.14 by the 19th Aux. Chamber Judge of City Civil Court, Ahmedabad in Summary Suit (CCC) No.1930 of 2010. By such impugned judgment and order, the Civil Court has directed the petitioner to deposit 30% amount of the suit amount within a period of two months from the date of such order while granting unconditional leave to defend the suit. The petitioner - respondent has challenged such order on various grounds. However, when Civil Court has granted leave to defend with a condition to deposit only 30% of the suit amount and when original plaintiff has not challenged such order, practically, there is no substance in the petition so as to interfere with such impugned order.