G.S. Sistani, J (Oral)

I.A. 5196/2012

1. This is an application under Order 37 Rule 2 & 3 CPC filed by the defendant for entering appearance.

2. Since the defendant has entered appearance through counsel, the present application stands disposed of.

IA.No.4062/2013

3. Previous costs imposed have not been paid. The same stands waived of as prayed.

4. Plaintiff has filed the present suit under the provisions of Order XXXVII of the Code of Civil Procedure, 1908. Memo of appearance was filed and thereafter the plaintiff has filed an application for summons for judgment. Defendant has filed the present application for leave to defend.

5. According to the plaint, the plaintiff was desirous of selling gold weighing 2010 grams and he wanted to raise money from the same. The defendant approached the plaintiff. Accordingly on 17.2.2010 the entire gold worth Rs.20,10,000/- was purchased by the defendant from the plaintiff and a sum of Rs.45,000/- was paid in cash to the plaintiff and it was agreed that the balance amount of Rs.19,65,000/- would be paid within a period of three months along with interest to the tune of Rs.35,000/-, thereon, amounting to a total of Rs.20.00 lakhs. A