Gujarat Court April 1965 Judgments

Sam M. Haeems Vs. Samson J. BenjamIn and ors.

Court: Gujarat

Reported in: (1965)6GLR934

P.N. Bhagwati, J.1. The question which arises in these Revision Applications is whether it is competent to a Judge of the City Civil Court to pass a conditional order when granting leave to defend under the provisions of Rule 142 Sub-rule (3) of the Ahmedabad City Civil Court Rules. The plaintiffs filed a suit being Summary Suit No. 1462 of 1962 against the defendants in the City Civil Court Ahmedabad to recover a sum of Rs. 32 0 alleged to be due by the defendants to the plaintiffs under certain promissory notes which the plaintiffs claimed had been executed by the defendants in favour of the plaintiffs. The suit was filed as a Summary Suit and on the appearance being filed by the defendants a Summons for Judgment was taken out by the plaintiffs. On the Summons for Judgment the learned Judge granted unconditional leave to defend to the second defendant but so far as the first defendant was concerned the learned Judge made a conditional order granting leave to defend on c condition tha...