(1.) Rule. Rule made returnable forthwith and with the consent of the counsel for the parties, heard finally.
(2.) This petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of an order passed by the learned Judge, City Civil Court in Summons For Judgment No. 130 of 2023 in Summary Suit No. 125 of 2023 whereby leave to defend the suit was granted to the defendant subject to the condition of deposit of 25% of the principal amount of the suit claim.
(3.) Shorn of unnecessary details, the background facts leading to this petition can be stated as under.