NAMDEO G SADIGALE Vs. SHARAD YESHWANT DHAMDHERE

JUDGEMENT

(1.) Heard learned Advocate for the petitioner finally at admission stage.

(2.) Being aggrieved by the order passed below Exhibit 16 in Special Summary Suit No.18 of 2000, by 8th Joint CJSD Pune whereby the application for leave to defend filed by the defendants was partly allowed and permission to defend was granted subject to defendant depositing the amount of Rs.6,50,000/- in the Court within three months from the date of the order, the original defendants filed the present writ petition.

(3.) This petition came for admission before me on 23.1.2006 and after hearing both the learned Advocates, the order passed by the learned trial Judge directing the defendant to deposit the amount of Rs.6,25,000/- in court was set aside. Unconditional leave to defend was granted to him. This order was passed mainly because it was pointed out by the learned Advocate for the appellant that the cheque in question was issued on 26.10.1998, it was dishonoured on 29.10.1998, but the plaintiff filed the suit for recovery of the amount of the said cheque on 29.1.2002 i.e. obviously after the period of limitation. The Appellants advocate had filed copy of the plaint endorsed as true copy and it showed the date of filing of the suit as 29.1.2002. Naturally, on that basis holding that when the defendant has taken contention that the suit is barred by limitation it is necessary to grant leave to defend without condition and accordingly order was passed. However, subsequently when this was noticed by the respondent he moved an application for review and recalling the order dated 23.1.2006 and accordingly the said order was recalled and thereafter the present petition was again placed before me for admission.