AJMER TYRES Vs. APOLLO TYRES LIMITED

JUDGEMENT

(1.) NO one appears for the respondents even in second round.

(2.) THIS civil misc. appeal under Section 43 Rule 1 CPC is directed against the order dated 17.03.2006 passed by the Additional District Judge No. 1, Ajmer City, Ajmer (for short 'the trial Court'), whereby the application filed by the appellant under Order 39 Rule 1 and 2 read with Section 151 CPC was dismissed. I have heard Learned Counsel for the appellant and perused the order impugned as also the affidavit filed by Shri Sanjeev Bhargava in Civil Original Suit No. 60/2005 between the parties in support of his written statement.

(3.) LEARNED Counsel has invited my attention to para No. 4 of the affidavit filed by the respondent through its C&F In -charge Mr. Sanjeev Bhargava on 09.03.2006, which reads as under: