CASE BRIEF

CASE NAME AND CASE LAW:

Dineshkumar Madhavlal Patel vs M/S Ami Corporation on 27
september,2018;(Civil Appeal no. 190 of 2018);[Section 100 of
CPC]
FACTS:

The second appeal under section 100 of the CPC was filled at
the instance of the original defendant no.2 ,and is against the
judgment and order dated 11th december,2017 passed by the
Principal District judge,Mehsana in the Regular Civil Appeal no.
90 of 2005.The appellant is the resident of Visnagar .The
opponent no.1 is the partnership firm which is based at
Visnagar.The Respondent no.2 used to live at Visnagar,had
borrowed the amount from respondent no.1,which was not paid
by the respondent no.1.
ISSUE:
Whether the courts below erred in not granting unconditional
leave or conditional leave to defend to the appelant, more
particularly, when the appellant has pleaded that he has not
signed the deed of guarantee?
JUDGEMENT:
The hon’ble High Court of Gujrat in a single judge
bench,J.B.Pardiwala held that, the applicant has been
able to make out a strong prima facie case to have an
ad interim order in terms of para.8(A),grant the relief in
terms of para8(A) on the condition that the applicant
shall deposit the entire decreetal amount with interest
ason date within a period of 6 weeks before the registery
of this court.