SMITA Vs. SURYAKANT SADASHIV ARADE

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally with consent of parties.

(2.) This petition is directed against order passed by learned Civil Judge, Senior Division, Chandrapur below Exh. 16 in Summary Suit No.9 of 2009 before him whereby he granted to the petitioner leave to defend under Order 37, Rule 3 of Civil Procedure Code, and imposed a condition that the petitioner shall deposit a sum of Rs.2,50,000/- in the Court within 15 days of the order. Learned counsel for the petitioner points out that since this amount was not deposited defence has been struck of.

(3.) The learned trial Judge while granting leave to defend observed in para 8 of his order as under :