(1.)
(2.) THOUGH the learned trial Judge did not find Merit in the defence set up by the appellant-defendant in opposition to the summons for judgment, yet permitted the appellant-defendant to defend the suit on depositing the sum of Rs. 50,000/- within the time granted therein. The appellant-defendant having not been granted unconditional leave is in appeal before us.
(3.) THE learned counsel for the appellant-defendant submitted that in the particulars of claim no particulars have been provided by the plaintiffs. The details of the account have also not been given. The learned counsel would submit that the appellant-defendant utilised the subject credit card only once for withdrawal of the amount of Rs. 10,000/-Besides that the defendant did not utilise the subject credit card and no purchases were made thereunder and, therefore, the learned trial Judge ought to have been granted unconditional leave.