- (1.) Leave granted.
(2.) This appeal is directed against the order dated 23.08.2011 passed by the High Court of Delhi at New Delhi in C.M.(M) No. 707 of 2010 (Civil Revision No. 707 of 2010) whereby the learned single Judge of the High Court allowed the revision filed by the respondent herein and set aside the order dated 25.02.2010 of the Additional District Judge, Delhi.
(3.) Brief facts: (a) The appellant is a proprietorship concern dealing in interior decoration and construction work and Mr. Lalit Bagai is the sole proprietor of the said concern. The respondent is a partnership firm registered with the Registrar of Firms vide Registration No. 1237/93 dated 07.06.1993 and is engaged in the business of sale and supply of building materials. (b) Admittedly, the appellant and respondent have often transacted with each other. According to the respondent, the appellant made various purchases on credit from them for which payments were made in parts and the same were credited to his account maintained by them. It is alleged by the respondent that after adjusting all the payments being made by the appellant, an amount of Rs.4,35,250.18 is due against his firm. Despite repeated demands, requests, and reminders, the appellant has not cleared the outstanding amount. Therefore, the respondent sent legal notice dated 11.04.2005 to the appellant through his counsel calling upon him to pay the outstanding dues along with interest @ 2% per month. Despite notice, the appellant did not pay any amount, therefore, the respondent instituted a suit against him for recovery of sum of Rs.4,35,250.18 along with interest accrued thereon. After the arguments were concluded in the suit on 27.10.2009, the matter was adjourned for judgment on 03.11.2009. (c) In the meantime, on 31.10.2009 the respondent moved two applications, one under Order VII Rule 14 read with Section 151 of the Code of Civil Procedure, 1908 (in short "CPC") for placing on record certain documents and the other under Order XVIII Rule 17 read with Section 151 of CPC for seeking permission to recall PW-1 for proving certain documents by leading his additional evidence. By order dated 25.02.2010, the Additional District Judge, Delhi dismissed both the applications. (d) Dissatisfied with the said order, the respondent filed revision petition being CM (M) No. 707 of 2010 (Civil Revision No. 707 of 2010) before the High Court of Delhi. The learned single Judge of the High Court by impugned order dated 23.08.2011 allowed the revision and set aside the order dated 25.02.2010 passed by the Additional District Judge, Delhi. (e) Aggrieved by the said order, the appellant has preferred this appeal by way of special leave.;