The main legal point established in the judgment is that the Trial Court must consider the triable issues raised by the defendant and the documentary evidence on record before granting unconditional leave to defend in a Special Summary Suit.

JUDGMENT :

1. By way of present petition, under Article 226 read with Article 227 of the Constitution of India, the petitioner has challenged order dated 27.1.2016 passed below Exh. 13 application in Special Summary Suit No. 6 of 2012 by the learned 2nd Additional Senior Civil Judge, Ahmedabad (Rural), at Mirzapur, whereby the Trial Court has granted unconditional leave to defend application filed by the respondent - original defendant.

2. The case of the petitioner is that the petitioner has entered into business transaction with the respondent-original defendant, as the petitioner is engaging in the business of different kind of Teleservices testing and measurement on rental basis to different information Techno Savvy companies at different places including Gujarat and across India. The petitioner has supplied certain goods to the original defendant - respondent, in response to the work order placed by the original defendant - respondent herein and for that number of invoices amounting to Rs.1,05,60,410/-, were issued and at the end, the debt balance was Rs.47,07,704/-. For the said supply of goods, the plaintiff has raised the demand of dues and the defendant has failed to pay the due amount and therefore, the plaintiff issued legal notice to the respondent original defendant on 15.9.2011. In response thereto the original defendant has paid an amount of Rs.13,30,597/- on 16.11.2011 and lastly after deduction of Rs.13,30,597/- towards the credit, TDS and other deductions, Rs.33,77,107/- was due amount.

2.1 Thereafter, the respondent - original defendant has not paid any amount and therefore, the plaintiff has filed Special Summary Suit in the Court of learned Senior Civil Judge, Ahmedabad (Rural) and demanded Rs.33,77,107/- which is remained due and payable to the plaintiff against the supply of goods. In the said suit, summon was issued to the respondent-original defendant and the same was served upon the respondent-original defendant. In response thereto, the respondent-original defendant has filed written statement below Exh.13 and prayed leave to defend. After considering the submission made on behalf of the concerned parties, Trial Court has passed order which is impugned in present petition. Paragraph No.6 of the said order passed below Exh.13 in Special Summary Suit No.6 of 2012 reads as under:-

"6. While going through the merits of the case, it resembles that triable issues raised by the Defendant are to be decided in the light of the evidence. Without leading evidence, they are not to be resolved. Under the circumstances, if unconditional leave to defense is granted then it will be more reasonable and judicious for which I pass the following order as under;

-:ORDER:-

(1) Application of Defendant for unconditional leave to defense vide Exh.13 is hereby allowed.

(2) This suit be registered as Special Civil Suit and be proceeded accordingly."

3. Feeling aggrieved and dissatisfied with the impugned order, the original plaintiff-petitioner herein has preferred this petition, on the ground that the Trial Court has without assigning any justifiable reasons and submissions passed non-speaking order, whereby unconditional leave to defend was granted in favour of the defendant.

4. In present petition, the co-ordinate bench of this Court has issued notice to the respondent on 21.3.2016. Though, notice was served upon the respondent, the respondent has chosen not to remain present before the Court and therefore, the co-ordinate bench of this Court had issued rule on 1.12.2016 and granted interim relief in terms of paragraph No. 7(c). The said paragraph No.7(c) reads as under:-

"7(c) Pending the admission, final hearing and disposal of the present Special Civil Application be pleased to stay implementation, operation and execution of the order dated 27.1.2016 passed below Exh. 13 application in Special Summary Suit No.6 of 2012 by the learned 2nd Additional Senior Civil Judge, Ahmedabad (Rural), at Mirzapur."

5. Now, after almost eight y