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1995 Supreme(Guj) 140

M.S.PARIKH
OMKAR TEXTILE MILLS PRIVATE LIMITED – Appellant
Versus
HARDIK CHEMICALS – Respondent


Advocates Appeared: N.J.MODI, P.M.THAKKAR, SANJAY M.AMIN

M. S. PARIKH, J.

( 1 ) THIS Revision Application, though filed against the impugned order dated 22-3-1990, takes within its sweep also the order dated 31-12-1990. The facts of the proceeding between the parties, therefore, need be stated : the opponent being the plaintiff filed Summary Suit No. 4747 of 1988 in the ahmedabad City Civil Court for recovery of Rs. 1,47,600. 00 with cost and interest from the applicant-defendant taking recourse to the provision of Order 37 of the Code civil Procedure. Upon the service of summons and upon the appearance of the applicant, who is hereinafter described as defendant, the opponent (plantiff, as described hereunder) had taken out the Summons for Judgment and the defendant applied for leave to defend the suit. After hearing both the parties the learned chamber Judge granted leave to defend the suit to the defendant on condition that the defendant would deposit Rs. 25,000. 00 within six weeks from the date of the order, viz. , 27th July 1989. It is undisputed that the defendant had filed Civil Revision application No. 949 of 1989 against the said order on or about 19-9-1989 and the said Civil Revision Application was rejected on the same day. In










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