JUDGMENT :

Sanjiv Khanna, J.

Leave granted.

2. Limited issue which arises for our consideration in this appeal is whether the High Court was justified and correct in law and on facts in exercising powers under Article 227 of the Constitution of India to set aside the order dated 24th July 2018 allowing the application under Order IX Rule 13 of the Code of Civil Procedure, 1908 ("the Code") filed by Shailendra Garg, sole proprietor of M/s Garment Craft - the appellant before us.

3. In 2011, Prakash Chand Goel - the respondent before us, filed a civil suit on the original side of the Delhi High Court for the recovery of Rs. 81,24,786.23p against the appellant.

4. The appellant contested the suit by filing written statement on various grounds, inter alia, claiming that the goods were not accepted or returned due to reasons mentioned in debit notes and in fact, the respondent owes Rs. 88,785/- to the appellant.

5. After the admission and denial of documents and framing of issues, the suit was set for trial. The respondent as the plaintiff lead evidence which concluded on 1st May 2015 and the case was put up for the appellant's evidence on 28th October 2015.

6. On 29th September 2015, Shailend