JUDGMENT :

Rule returnable forthwith. Mr. Keyur Vyas, learned advocate has waived service of notice of rule for the respondent.

2. By way of present petition, the petitioner – original defendant has prayed for appropriate writ, order or direction quashing and setting aside the impugned order dated 18.12.2018 below application for leave to defend at Exh.11 passed in Summary Civil Suit No.14 of 2014 by learned Additional Senior Civil Court, Kalol.

3. The short facts leading to file present petition are under:

3.1 The Summary Civil Suit No.14 of 2014 was filed by the respondent – original plaintiff against the present petitioner – original defendant under Order 37 Rule 1-3 of the Code of Civil Procedure for recovery of the amount of Rs.12,65,217.64. In the said suit, the respondent – original plaintiff has taken out summons for judgment at Exh.9 and prayed to sign the judgment. In the application at Exh.9, it was contended that he is the owner of M/s. Umiya Steel Industries and that the parties to the suit have business relationship since last more than 3 years. It was contended that he is doing coating of the articles and for the said purpose, he was raising regular bills to the petition