JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. Petitioner challenges the order dated 23.11.2022 passed in Civ DJ 606/2021 titled as “Gajender Singh vs. Hansraj Gangwal” whereby the learned Trial Court had granted conditional leave to defend to the petitioner/ defendant, subject to the condition that the defendant deposits a sum of Rs. 2 Lakhs before the learned Trial Court out of a total amount of claim of Rs. 3.30 Lakhs raised by the respondent/ plaintiff.

2. Learned counsel submits that the petitioner has a good case on merits which neither moonshine nor vexacious. Learned counsel also submits that the petitioner has in fact filed documents in the form of a diary, whereby the entries of the amount paid in instalments back to the respondent/ plaintiff has been noted.

3. Learned counsel submits that the learned Trial Court ought to have considered the entries in the diary, which categorically show the repayment of the claim amount. On that basis, learned counsel submits that the petitioner/ defendant was entitled to an un-conditional leave to defend.

4. Learned counsel submits that the Trial Court has wrongly concluded that the defence of the