BANSILAL S/O KISANGOPAL BHATTAD Vs. MOHAN BANSILAL

JUDGEMENT

(1.) RULE returnable forthwith. The petition is heard finally as the notice for final disposal was issued on 14.6.2010 and the respondents are duly served with the notice for final disposal.

(2.) THE few facts giving rise to the petition are stated thus: The petitioner is the original plaintiff. A suit was instituted by the plaintiff under order 37 of the Code of Civil Procedure bearing Summary Civil Suit no.29/2002 on the basis of a negotiable instrument i.e. cheque issued by the defendants, in favour of the plaintiff. The petitioner had claimed a recovery for an amount of Rs.8,47,000/- which included the principle sum and the interest accrued thereon.

(3.) SHRI Bhattad, the learned counsel for the petitioner submitted that the order passed by the trial court on 17.8.2009 is unsustainable as the trial court has not recorded any reason whatsoever for granting an unconditional leave to defendant to defend the suit. According to the learned counsel for the petitioner the summary suit was filed in the year 2003 and the matter was delayed at the behest of the defendant from time to time. The learned counsel for the petitioner then submitted that the defence of the defendants was sham, practically a moon-shine and in such circumstances, the trial court could not have granted an unconditional leave to defend the suit.