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2021 Supreme(Del) 1564

PRATHIBA M. SINGH
Surender Kumar – Appellant
Versus
Manoj Kumar – Respondent


Advocates appeared:
Harsh Kumar, Advocate, Sikha Gogi, Advocate, Hemant Chaudhary, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

CM APPL. 10311/2021 (for clarification/ modification)

2. The present application arises out of the revision petition that was filed by the Petitioner/Plaintiff (hereinafter "Plaintiff") challenging the impugned order dated 18th August, 2020, by which the Plaintiffs suit instituted under Order XXXVII of CPC had been converted into an ordinary suit, and unconditional leave to defend had been granted to the Defendant. Vide order dated 15th December, 2020, this Court was considering the question as to whether an unconditional leave to defend ought to be granted or any conditions were to be imposed in respect of the same. On the said date, the Trial Courts order dated 18th August, 2020 was substantially modified, and this Court has observed as under:

    "13. In support of the plea of the Defendant that he gave a loan to the Plaintiff in 2013-14, which was being given on a continuous basis of various amounts from time to time, there is not a single document that has been placed on record. It is highly improbable that any party which is

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