T. VINOD KUMAR
Priya Daniel – Appellant
Versus
Jayam Nagesh – Respondent
ORDER :
1. This Civil Revision Petition is filed aggrieved by the order dated 12.09.2023 in I.A. No. 70 of 2022 in O.S. No. 2033 of 2022 passed by the I Additional Senior Civil Judge, Medchal-Malkajgiri District, at Malkajgiri.
2. Heard Sri. V.V.S. Satyanarayana, learned Counsel for the petitioner, Sri. C. Haripreeth, learned Counsel for the respondent and perused the record.
3. The petitioner herein is the defendant in the said suit filed by the respondent as plaintiff for recovering of money of Rs.25,20,000/-. The respondent herein had filed the underlying suit as a summary suit under Order 38 Rule 5 of CPC.
4. On receiving the summons in the suit, the petitioner herein had filed the underlying application under Order XXXVII Rule 3 (5) of the Code of Civil Procedure, 1908 (for short ‘the Code’) seeking leave to defend herself in the main suit. The Court below on hearing the parties had dismissed the application. Aggrieved by the same the present revision is filed.
5. Learned Counsel for the petitioner herein contends that the Trial Court had erroneously held that no substantial issues were raised, when the respondent herein had denied the existence of a legally enforceable debt.
6. Per
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