SBCR NO.273/2008– VISHNU PRAKASH JOSHI V/S RADHYA PYARI BOHRA : JUDGMENT DTD.11.11.2008. 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL REVISION PETITION NO.273/2008 Vishnu Prakash Joshi versus Radha Pyari. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Om Prakash Joshi, for the petitioner Mr.O.P. Soni, for the respondent. DATE OF JUDGMENT : 11.11.2008 JUDGMENT 1. Heard the learned counsels. 2. This revision petition is directed against the order dtd.3.11.2008 whereby the learned trial Court has rejected the application for leave to defend under Order 37 Rule 5 C.P.C. in a summary trial of money recovery suit. The learned counsel for the petitioner submit that soon after service of summons SBCR NO.273/2008– VISHNU PRAKASH JOSHI V/S RADHYA PYARI BOHRA : JUDGMENT DTD.11.11.2008. 2/2 within a period of 10 days, he submitted his defence along with the application for leave to defend. Since 6th and 7th April, 2008 were holidays and therefore, he submitted the same on 8.4.2008. 3. In the facts and circumstances of the case, this revision petition is allowed and the learned trial Court is directed to consider the defence of the defendant – petitioner subject to payment of cost of Rs.1000/- to the plaintiff – respondent and also subject to further condition of deposit of a sum of Rs.35,000/- by the defendant with the trial Court which will be subject to final orders passed by the learned trial Court. The said deposit and payment of cost may be made within a period of four weeks from today. (Dr.VINEET KOTHARI)J. Item No.s-1 Ss/-