SBCFA NO. 286/2008– IDAN MALI V/S GOPISHYAM SONI: JUDGMENT DTD.20.3.2009 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL FIRST APPEAL NO.286/2008 Idan Mali S/O Sh. Bhura Ji versus Gopishyam Soni S/o Sh. Shankar Lal PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.R.K.Thanvi, for the appellant. Mr.Bharat Sankhla, for the respondent. DATE OF JUDGMENT : 20th March, 2009. JUDGMENT 1. As agreed by both the counsels, this appeal is disposed of in the following terms. 2. This appeal arises out of exparte decree in a suit filed for recovery of a sum of Rs.1,00,800/-. Under Section 37 C.P.C. dated 28.4.2008. SBCFA NO. 286/2008– IDAN MALI V/S GOPISHYAM SONI: JUDGMENT DTD.20.3.2009 2/3 3. Both the counsels agreed that if the appellant – defendant deposits a sum of Rs.50,000/- (Fifty Thousand) in the bank account of the plaintiff – respondent then he may be granted leave to defend the suit setting aside the decree under appeal dated 28.4.2008. 4. The learned counsel for the appellant undertakes that the appellant - defendant shall deposit the said sum of Rs.50,000/- in the Bank account of the plaintiff – respondent, number of which will be supplied to the learned counsel for the appellant within a period of one week from today. The said money will be deposited within a period of two weeks thereafter not later than 10.4.2009, in any case. Subject to this deposit, the written statement filed by the appellant shall be taken on record by the learned trial Court and the trial shall proceed from that stage. The plaintiff shall also furnish an undertaking in the Court below that in case the suit is dismissed, the sum so paid by the appellant in pursuance of this order shall be refunded back with interest @9% per annum. 5. The parties shall appear before the learned trial Court in the first instance on 20.4.2009. The written statement of the appellant – SBCFA NO. 286/2008– IDAN MALI V/S GOPISHYAM SONI: JUDGMENT DTD.20.3.2009 3/3 defendant filed in this Court may be returned back to him and copy of the same may be retained and same shall be filed before the learned trial Court before next date. 6. With the aforesaid observations, this appeal stands disposed of. No order as to costs. (DR. VINEET KOTHARI)J. ITEM NO.22 Ss/-