JAYANTILAL JAGJIVANBHAI SANGHVI Vs. AMIT SWARUPCHAND BORDIA

JUDGEMENT

(1.) RULE. Shri Poonam Gadhvi, wavies service of notice of admission on behalf of the respondent. With the consent of the parties, the matter is taken up for final hearing today.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioner-original defendant has prayed for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 13. 12. 2007 passed by the learned Chamber Judge, Court No. 5, City Civil Court, Ahmedabad below Exh. 19 in Summary Suit No. 113 of 2004, by which the learned City Civil Court has granted conditional leave to the petitioner to defend the suit on deposit of Rs. 1 lacs.

(3.) IT appears that the suit has been filed for recovery of Rs. 7,22,110/- and summons for judgment was taken by the plaintiff and the defendant submitted application for leave to defend by submitting that suit is barred by limitation and number of contentions / triable issues were raised by the petitioner-defendant. The learned City Civil Court granted leave to defend to the petitioner on condition to deposit Rs. 1 lacs.