(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)
1. We have heard Mr. Vaghela, learned Advocate, appearing for Mr. Goswami, learned Advocate for the applicant.
2. The letters patent appeal is filed against the order of the learned Single Judge in connection with the order passed by the Civil Court below Exhibit-19 in a Summary Suit, which is pending before the Civil Court. By the impugned order, the learned Single Judge directed the present applicant to deposit 60 per cent of the principal amount before the Civil Court within a period of four weeks and thereby granted conditional leave to the applicant to defend the Suit.
3. In our view LPA against such order is not maintainable as the impugned order is passed by the learned Single Judge exercising jurisdiction under Article-227 of the Constitution of India, against order of the Civil Court in a pending suit. Since, appeal is not maintainable, application for the condonation of delay is not required to be entertained, hence, REJECTED.
(P.B.
MAJMUDAR, J.) (MOHINDER PAL, J.) Umesh/ Top