MEHRAJ UD DIN WANI Vs. PAROOQ AHMED MIR

JUDGEMENT

(1.) Petitioner seeks setting aside of District Judge, Pulwama's Order of March 16, 2009 whereby finding no "Sufficient Cause" to condone delay, he dismissed his applications seeking condonation of delay in filing applications seeking Leave To Defend respondent's suit for recovery of Rs. 6.00 lac filed under Order XXXVII of the Code of Civil Procedure, Smvt. 1977 (1920 A. D.), hereinafter to be referred as "Code", for short, along with application for Leave To Defend the suit.

(2.) I have considered the submissions made by learned counsel for the parties at the Bar and perused the trial Court records.

(3.) Perusal of the records of the trial Court reveals that Summons for Judgment had been issued on respondent's application, which though supported by an Affidavit, does not indicate respondent to have verified either the Cause of Action or the amount claimed in the suit or stating that in his belief, there was no defence to the suit, which is prescribed necessary requirement, which a plaintiff must comply with before seeking issuance of Summons for Judgment in suit filed under Order XXXVII of the Code.