1. Heard learned counsel for the petitioners.

2. Rule.

3. Rule is made returnable forthwith with the consent of learned counsel for both the parties.

4. A very short question raised for consideration in this Writ Petition is, "Whether the Summary Suit for recovery of earnest money paid, in pursuance of oral agreement of sale, can be filed under Order 37 Rule 1 of Code of Civil Procedure?.

5. Factual matrix leading to this question are to the effect that the respondent herein has filed Special Civil Suit No. 120 of 2017 before the Court of Civil Judge Senior Division, Pune, contending inter alia that he and the present petitioner is having friendly and family relations since last several years. He was in need of the residential premises. The petitioner-plaintiff put up a proposal of his residential house for sale. Respondent personally visited the said premises and decided to purchase the same for consideration of Rs. 35,00,000/- and as petitioner was badly in need of financial help, respondent immediately transferred an amount of Rs. 10,00,000/- in the bank account without any written agreement. Thereafter on one or the other count, petitioner started raising dispute about ex