CW- 639/2006 - Sh. Bhanwarlal Vs. Sh. Rajendra Prasad. : Order dt.29.4.08 1/2 S.B. CIVIL FIRST APPEAL NO.639/2006 Sh. Bhanwarlal Vs. Sh. Rajendra Prasad. Date : 29.04.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sandeep Saruparia for the appellant. Mr. Chetanya Gehlot for the respondents. --------- 1. Heard learned counsels. 2. This appeal is directed against the impugned order of learned trial Court dated 10.5.2005 whereby the learned trial court refused the leave to defend to the defendant-appellant in a money suit filed under Order 37 C.P.C. 3. Learned counsel for the appellant submits that on the promissory note in question though the signatures were admitted by the defendant-appellant but the same was given as blank signed document and defence given by the defendant in the application seeking leave to defend was that the appellant was having a continuous business relationship with the plaintiff and during the course of that business he signed that blank promissory note. 4. Learned counsel for the respondent, however, disputes the submission and submits that admission of signatures on the promissory note was enough and no further proof was required for the plaintiff. 5. Having considered the rival submissions, this Court is of the opinion that in the facts and circumstances of the case one opportunity to defend the case ought to have been provided by the CW- 639/2006 - Sh. Bhanwarlal Vs. Sh. Rajendra Prasad. : Order dt.29.4.08 2/2 learned trial court to the defendant appellant. The same can now be permitted only at the cost to be imposed on the defendant appellant. 6. Accordingly this appeal is allowed and the impugned order dated 10.5.2005 is set aside. The defendant-appellant is directed to produce the entire relevant evidence on one day before the trial court subject to payment of cost of Rs.1,000/- to the plaintiff- respondent. The defendant-appellant may appear before the trial court with his evidence on 15th May, 2008 and learned trial court may take the evidence produced by the defendant-appellant and proceed with the trial expeditiously and the suit may be decided within a period of three months from today. 7. In rebuttal of the evidence produced by the defendant- appellant, if the plaintiff-respondent also wants to produce evidence, one opportunity may be allowed to him also. 8. The appeal is allowed with costs indicated above. [ DR. VINEET KOTHARI ], J. item No.62 babulal/-