JUDGMENT

Amit Bansal, J. (Oral)--This petition under Article 227 of the Constitution of India impugns the order dated 03rd February, 2021 passed by the Court of Civil Judge-01, West, Tis Hazari Courts, Delhi in civil suit being CS SCJ No.521/2020, whereby unconditional leave to defend has been granted in favour of the respondent/defendant (hereinafter `respondent').

2. Notice was issued in the said petition on 28th July, 2021and the suit proceedings were stayed. On the next date of hearing, parties were granted liberty to file written submissions in respect of the issue in the present petition. Both the parties have filed written submissions.

3. Before dealing with the contentions of the parties, it is deemed appropriate to detail the facts preceding the filing of the present petition.

3.1. The suit from which the present petition arises was filed by the petitioner/plaintiff (hereinafter `petitioner') against the respondent under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.1,94,586/-.

3.2. Summons were issued in the suit on 10th July, 2020 and the respondent entered appearance.

3.3. In August, 2020, the petitioner filed affidavit under Order XX