PARVEZ ZAAL ADELJI Vs. SMITABEN DINESHBHAI THAKKAR

JUDGEMENT

(1.) The present group of petitions are arising out of common question of law and facts hence, requested by learned advocates appearing for the respective parties to be dealt with and decided by common judgment and order. Accordingly, the Court has taken up these group of petitions by treating Special Civil Application No.2878 of 2016 as a lead matter.

(2.) The order dated 05.12.2015 passed below Exh.12 in Summary Suit No.31 of 2007 is on the premise that petitioner No.2 and respondent knows each other as both of them are working as a member of political party named as Bhartiya Janta Party, since the year 2000. The petitioner has asserted that respondent and her husband are engaged in a Jewellery business and puja articles. With a view to expand the business, the respondent and her husband wanted to purchase a land for their bungalow and for construction thereof, as a result of this, approach the petitioner No.2 for help requesting to lend an amount of Rs. 1 Crore for a period of one and half year. Accordingly, since the petitioner was not having such a huge amount with herself, the petitioner lend a sum of Rs. 4 Lac cash and cheques and the remaining amount of Rs.46,50,000/- from the petitioner's relatives. Petitioner No.1 through petitioner No.2 lent a sizable amount to the respondent and in-turn the respondent has executed promissory note in favour of the petitioners. On completion of term of one and half year when the request was made to return the amount, the same was not adhered to. As a result of this, the petitioners were constrained to issue notice through advocate on 20.06.2007, which came to be replied by respondent on 30.06.2007 denying the liability. Subsequently, the summary suit was required to be filed, which was numbered as Summary Suit No.31 of 2007 for a recovery of Rs.20 Lac paid to the respondent along with interest and the said suit which was filed before the Civil Court, Suart, the summons came to be issued and in-turn the respondent filed an application at Exh.12 for seeking leave to defend. The said application came to be contested by submitting reply at Exh.15. The petitioners also produced relevant documents at Exh.14 however, after hearing both the sides, the learned Civil Court was pleased to pass an order allowing an application at Exh.12 by granting unconditional leave to defend and it is this order which is passed by learned trial Judge is the subject matter of Special Civil Application No.2878 of 2016 by raising multiple contentions.

(3.) The Civil Suit is filed in the year 2007 in which leave to defend has been granted unconditionally on 05.12.2015 and the petition which has been filed in the year 2016 is pending since May 2016.