Rajiv Sahai Endlaw, J.

The question for adjudication is the maintainability of the suit under Order XXXVII of the CPC.

2. Though the Joint Registrar, on 29th November, 2018, treating the suit labeled as under Order XXXVII of the CPC, as one under Order XXXVII of the CPC, ordered summons for appearance to be issued and the defendant has entered appearance but when the plaintiff applied for issuance of summons for judgment, the Joint Registrar ordered the suit to be listed before the bench and the suit came up before this Court on 20th February, 2019 when the counsel for the plaintiff was unable to satisfy this Court of maintainability of the suit under Order XXXVII of the CPC and on his request, the suit was posted for hearing on the said aspect today subject to plaintiff paying costs of Rs.10,000/- to the defendant.

3. The counsel for the defendant states that costs have not been paid. The senior counsel for the plaintiff states that costs will be paid during the course of the day.

4. The senior counsel for the plaintiff has been heard.

5. The plaintiff has pleaded that, (i) the plaintiff agreed to enter into an agreement with the defendant to the effect "that the plaintiff wo