CROMPTON GREAVES LTD. Vs. N.A. SANGEETHA

JUDGEMENT

(1.) Heard the learned counsel for the appellant regarding admission. The order dated 19.2.2014 passed in O.S. No. 1632/2011 by the XXX Addl. City Civil Judge, Bangalore, is called in question.

(2.) Appellant herein is the plaintiff and the respondent herein is the defendant in the said suit. The plaintiff has filed the said summary suit under Order XXXVII Rules 1 and 2 of CPC for recovery of a sum of Rs. 71,46,829/ -. The defendant has filed the application to contest the suit and the said application has been allowed on 19.2.2014. After contest the order so passed is found at paragraph 12 of the impugned order which reads as follows: - -

(3.) The learned counsel for the appellant is aggrieved on the ground that while allowing the said application no conditions are imposed either with regard to depositing a portion of the amount sought for or furnishing security to the suit claim. After perusing Order XXXVII Rule 5 of CPC it is evident that at any stage of the suit, if the Court is satisfied, by affidavit or otherwise that the defendant is likely to protract the execution that may be passed against him, shall pass appropriate orders.