JAGDISH GURJAR Vs. A D J

JUDGEMENT

(1.) WITH the consent of the learned counsels for the parties, the petition is decided finally at the admission stage.

(2.) THE present petition has been filed by the petitioner-defendant challenging the order dated 23rd May, 2012 passed by the Additional District Judge (Fast Track) No.2, Jaipur District, Jaipur (hereinafter referred to be as the 'Trial Court'), whereby the trial Court has granted conditional leave to defend the suit to the petitioner.

(3.) IT has been submitted by the learned counsel Mr. Narendra Mewara for the petitioner that the trial Court having observed that the application seeking leave to defend was not filed to delay the proceedings nor the same was vexatious, the trial Court should have granted an unconditional leave to defend the suit. The learned counsel has relied upon the decision of the Apex Court in case of Santosh Kumar Vs. Bhai Mool Singh, reported in AIR 1958, Supreme Court, 321 (V.45 C52) and in case of Mrs. Raj Duggal, V. Ramesh Kumar Bansal reported in AIR 1990 Supreme Court 2218 in support of his submissions.