SARITA BATURA Vs. NAVIN SHAH & ANR.

JUDGEMENT

(1.) First I will deal with the Chapter XIIIA application taken out by the plaintiff, being G.A. No. 2119 of 2006 connected with C.S. No. 252 of 2002.

(2.) This suit has quite a long history. It is of the year 2002. It was originally instituted as a summary suit under Order XXXVII of the Code of Civil Procedure. The first defendant applied to defend the suit. The suit was decreed by Ashim Kumar Banerjee J. on 3rd May, 2006 by passing a summary judgment for the entire claim. It also provided for interim interest and interest on judgment @ 6% per annum.

(3.) The said defendant appealed. They took only one point before the Appellate Court. The suit under Order XXXVII was incompetent and hence the decree passed thereunder was erroneous. The suit should have been treated only as an ordinary suit. On this technical point the appeal was allowed on 28th June, 2006 and the decree set -aside. No other point was taken.