1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.68 OF 2009 IN SUMMONS FOR JUDGMENT NO.334 OF 2005 IN SUMMARY SUIT NO.359 OF 2005 Vinod Ratilal Shah ...Appellant v/s Dinesh Prataprai Mehta ...Respondent Appellant in person. Mr Pankaj Das for Respondent. CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE : 7TH JULY 2009. 2 P.C. :- 1] Admit. Heard finally by consent of the parties. 2] The appellant  plaintiff by this appeal challenges he order passed by the learned Single Judge in summons for judgment No.334 of 2005. The learned Single Judge has granted unconditional leave to defend the suit to the defendant without giving any reason. An order, either granting unconditional leave to defend or not granting unconditional leave to defend has to be a reasoned order because granting unconditional leave to defend denies to the plaintiff the advantage of getting decree in a summary trial. Therefore, we put it to the learned counsel appearing for respondent  defendant to find out whether there are reasons present on record for granting unconditional leave and if so, we will have to hear summons for judgment and decide it. The other alternative would be to send the matter back to the learned Single Judge for de novo hearing and disposal in accordance with law. The learned counsel submitted that if the summons for judgment 3 is decided at this stage and if the decision thereon goes against him, it will deny right of appeal to him. Therefore, appropriate course would be to remit the matter back to the learned Single Judge. In our opinion also, following course of action would be in the interest of justice. The appeal is therefore disposed off in following terms. 3] The order dated 17th July 2008 passed in summons for judgment No.334 of 2005 is set aside. That summons for judgment is remitted back to the learned Single Judged for de novo consideration and decision in accordance with law. Appeal is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.S. MOHITE )