S.SIVAKUMAR Vs. ESSJOHN PHARMA

JUDGEMENT

(1.) The plaintiff in a summary suit filed under Order XXXVII of the Code of Civil Procedure, 1908 (in short 'CPC'), aggrieved by the order condoning delay in filing the leave to defend the petition, at the instance of the defendant and also simultaneously allowing the leave to defend petition, is before this Court, by way of the above two revision petitions.

(2.) I have heard Mr.P.Sunil, learned counsel for the revision petitioner/defendant and Ms.Sneha, learned counsel for the respondent/plaintiff in both revisions.

(3.) The learned counsel for the revision petitioner would submit that the suit has been filed as an under chapter suit, invoking provisions under Order XXXVII of CPC. The defendant, despite service of summons for judgment on them, did not file a leave to defend petition for almost a year and thereafter, they came up with an Application under Sec. 5 seeking to condone the delay of 364 days in filing the leave to defend petition and also seeking leave to defend the suit claim, contending that triable issues arised for consideration in the suit.