JITENDRA J BHAVSAR Vs. RAMANBHAI S MARATHA

JUDGEMENT

(1.) THE petitioner is the original plaintiff who had filed Summary Suit No.397 of 2005 before the City Civil Court, Ahmedabad. The petitioner claimed recovery of a sum of Rs.7,15,000/ - from the defendant with 12% interest per annum from the date of filing of the suit till the recovery. The respondent herein appeared in response to the summons issued and also prayed for permission to defend the suit as Long Cause Suit unconditionally.

(2.) LEARNED Judge of the City Civil Court, Ahmedabad by the impugned order dated 27.7.2007 below application Exh.35 for Summons for Judgment granted unconditional leave to defend the suit to the defendant present respondent and further ordered that the suit be transferred in the list of Long Cause Suits. It is this order that has aggrieved the petitioner - original plaintiff.

(3.) THE case of the petitioner in the Summary Suit is that the respondent had taken money from him totalling to Rs.7,15,000/ - on different occasions including for his personal need. It is also the case of the petitioner that the respondent had executed Promissory Note for a sum of Rs.7,15,000/ - on 29.6.2004. When the petitioner was in need of the money since marriage of his daughter was fixed on 8.12.2004, he demanded the same back from the defendant about a month before the marriage. Though the defendant promised that the same will be paid within 15 days time, promise was not kept. Thereafter, despite repeated demands, since the defendant did not pay the same, the petitioner was compelled to file the Summary Suit.