IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 40 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- ALPABEN SHRENIKBHAI KAYASTHA Versus JAYANT CHAMPAKLAL MODI -------------------------------------------------------------- Appearance: MR MB GANDHI for Petitioners MR PRAVIN PANCHAH for PK JANI for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 15/02/2000 ORAL JUDGEMENT 1. Having heard the learned counsel for the parties and going through the contents of the application filed by the defendants for grant of leave to defend the suit unconditionally and the impugned order, I am satisfied that this order is wholly a cryptic order. 2. Rule is to grant unconditional leave and exception is to grant conditional leave. The court below seems to be not aware of the decisions which have been given from time to time by the Apex Court as well as this court. In case this order is allowed to stand it will certainly occasion a failure of justice to the petitioners as in case this amount is not deposited consequence thereof is passing of the decree and that also without hearing the petitioners- defendants. 3. As a result of the aforesaid discussion, this revision application succeeds and the same is allowed. The order dated 9-12-1999 passed below Summons for Judgment Ex.8 in Summary Suit No. 770/1999 is quashed and set aside. Learned trial court is directed to pass fresh order after hearing the parties in accordance with law. Rule is made absolute. ********** zgs/-