MUNILAL HARILAL Vs. SHREJI TEXTILE MILLS

JUDGEMENT

(1.) UNCONDITIONAL leave to defend came to be granted to the defendant in Summary Suit No. 138 of l988 by an order dated 23rd January, 1990 passed by the learned judge of the Bombay City Civil court, upon Summons for Judgment No. 1281 of 1988 taken out by the plaintiff.

(2.) THE plaintiff filed a suit for recovery of Rs. 18,156. 40 on account of the goods supplied and delivered to the respondent-defendant under bills between 10-9-1985 and 29-9 1985. The amounts of these bills came to rs. 68,156. 40 and towards this the respondent-defendant paid two sums of Rs. 25,000/- each under two cheques. That is how the balance of Rs. 18,156. 40 remained due and outstanding. The petitioner-plaintiff sued the defendant for recovery of this amount with interest of Rs. 6,944. 80 in all rs. 25,101. 20 ps

(3.) TO the summons for judgment as taken out by the plaintiff, the respondent-defendant filled an affidavit-in-reply raising certain objections. The plaintiffs filed a re-joinder rebuiting all these contentions. As stated earlier the Court after considering this reply affidavit as also plaintiff's re-joinder granted unconditional leave to the defendant to defend the suit further directing him to file its written statement within a period of eight weeks from the date of the order. It is this order granting unconditional leave to defend to which the petitioner plaintiff has taken exception by this Civil Revision application.