RAHIMA PRINTERS Vs. L M KISHAN CHAND

JUDGEMENT

(1.) THE above civil revision petition has been filed against the fair and decretal order dated 10.3.2003 made in I.A. No.39 of 2003 in O.S. No.4139 of 2002 on the file of the Court of XIV Asst. City Civil Judge, Chennai.

(2.) TRACING the history of the case and upon hearing the learned counsel for the petitioner, it comes to be known that the plaintiff/respondent herein filed a suit for recovery of a sum of Rs. 25,000/- with interest wherein the petitioners filed I.A. No. 39 of 2003 to grant leave to defend the suit and the same was dismissed against which, the above civil revision petition has been filed by the petitioners on the grounds as brought forth in the grounds of the civil revision petition.

(3.) ON a careful perusal of the facts and circumstances of the case and having regard to the materials placed on record and in consideration of the Apex Court judgment as adumbrated in the judgment of the learned single Judge of this Court, this Court is of the view that the revision petitioner has proved to the effect that there are triable issues so as to be granted with the leave to defend the suit and hence the following order: In result, (i) The above civil revision petition succeeds and the same is allowed. (ii) The fair and decretal order dated 10.3.2003 made in I.A. No.39 of 2003 in O.S. No.4139 of 2002 by the Court of XIV Asst. City Civil Judge, Chennai is hereby confirmed. (iii) There shall be no order as to costs. (iv) Consequently, C.M.P. No. 7206 of 2004 is closed.