SHIRAZBHAI G MUNSHI Vs. RAMJUJI GABHARUJI
HIGH COURT OF GUJARAT
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(1.) This is a petition by the original defendant of the Summary Suit No. 452 of 1979 in the Ahmedabad City Civil Court in which the learned City Civil Judge Shri I. V. Shelat passed an order on July 5 197 granting conditional leave to defend on his deposing the sum of 25 0 in cash or by the demand draft within a month from the dale of the grant of the leave.
(2.) Being aggrieved by the order dated July 5 1989 passed by the said Chamber Judge. City Civil Court Ahmedabad the original defendant has moved this court by filing the present revision application. The suit in question is filed by the opponent plaintiff for the realization of Rs. 37 120 from the petitioner defendant on the basis of a writing The petitioner defendant resisted the summons for judgment by filing his affidavit Ex. 9. He denied the plaintiffs allegation that there was an agreement to pay the sum of Rs. 37 120 but he admitted the agreement for the sum of Rs. 25 0 which he had agreed to pay by instalments. He also contended that he had paid Rs. 2 500 and so the only amount the plaintiff could claim was Rs. 22 500 no. In other words he disputed the balance out of Rs. 37 120
(3.) The learned Chamber Judge however passed the following order:
"On the defendant depositing a sum of Rs. 25 0 (Rupees twentyfive thousand) in cash or by demand draft within a month leave to defend. On the deposit being made as above suit to be transferred to the list of long causes the written statement within 2 weeks thereafter from to day". ;
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