DINESHBHAI J SHAH Vs. HEMANT AMRUTLAL PATEL

JUDGEMENT

(1.) Admit. With the consent of the learned Advocates appearing on behalf of the respective parties, the matter is heard for final hearing.

(2.) By way of this appeal the original defendant has challenged the judgment and decree dated 01.02.2007 passed by the Small Cause Court No.3, Ahmedabad below Exhibit Nos. 20 and 25 in Summary Suit No. 3034 of 2004 by which the learned Trial Court has passed a decree of Rs. 40,000/- (Rupees Forty Thousand only) against the appellant herein with interest at the rate of 6% from the date of the suit till its realization on non-compliance of order while granting leave to defend by which the appellant was directed to deposit Rs.10,000/- (Rupees Ten Thousand only). Considering the facts and circumstances of the case, this Court was of the view that the matter be remanded to the learned Trial Court for deciding the same afresh in accordance with law and on merits on payment of some cost by the appellant.

(3.) Shri Sandip Shah, learned Advocate appearing on behalf of the respondent herein original plaintiff submitted that in that case the appellant may be directed to deposit entire amount of Rs.40,000/- (Rupees Forty Thousand only) to show his bona fide and that a reasonable cost be awarded to the respondent, in that case he has no objection if the impugned judgment and decree is set aside and the matter is remanded to the learned Trial Court and the Trial Court is directed to dispose of the suit on merits within a period of 6(six) months from today.