S.B.Sinha, J. - (1.) Whether a conditional decree based on purported admission can be passed under Chapter XIIIA of the Original Side Rules of this Court is in question in this appeal.
(2.) The fact of the matter is as follows:- "The respondent filed a suit marked as Civil Suit No. 247 of 1998 in the original side of this Court claiming, Inter alia, the following reliefs:- a) Decree for US $ 40,000 (Forty thousand); b) In the alternative a decree for the sum of money in Indian rupees, equivalent to the sum of US $ 40,000 (Forty thousand) at the rate of exchange at the date of the decree; c) Interest; d) Receiver; e) Costs including Court fees paid; f) Further and other reliefs as may be just."
(3.) In the said suit allegedly on the basis of certain admissions made by the appellant herein to pay a part of the amount, a summons was taken out purported to be under Chapter XIIIA of the said Rules. An objection to the said prayer of the plaintiff was made, by the appellant herein, inter alia, on the ground that no concluded contract had yet been entered into as there are disputes and differences as regard a term relating to minimum guarantee as well as on the ground that the said contract is illegal as no approval in relation thereto had been obtained from the Reserve Bank of India as is required under the Foreign Exchange Regulation Act.;