“In leave to defend application, as already noted, except for the pendency of the complaint and the general defence, no grievance or the triable issues were raised and the contents of leave to defend application itself speaks volume about lack of legal acumen in drafting of the same. The result is that appellant has lost his case before consumer redressal forum because of the pendency of the civil suit whereas he has lost his case before the civil suit for not taking the appropriate defence before Ld. Trial court. Through noting the contents of leave to defend application, no fault can be found in order of Ld. Trial court but considering the abovesaid and the interest of justice, which warrants an opportunity to the appellant to be able to disclose his defence before Ld. Trial court correctly, decree passed by Ld. Trial court is set aside and instant appeal is disposed off with liberty to the appellant to file additional leave to defend application detailing all the issues before Ld. Trial court within 10 days from today which shall be disposed off in accordance with law. If the appellant fails to file such CM(M) 741/2015 Page 2 of 4
