JETHA SINGH Vs. CHAMAN LAL

JUDGEMENT

(1.) The petitioner is defendant in a suit brought against him by the respondent under Order 37 of the Code of Civil Procedure for the recovery of Rs. 13,600 on account of principal and interest on the basis of a pronote executed by him in favour of the respondent for Rs. 10.000. By his order dated the 6th February 1967. the learned Subordinate Judge granted leave to the petitioner to appear and defend the Nsuit on the condition that the petitioner deposited in cash by y of security the suit amount of Rs. 13,600 together with estimated costs of Rs. 1600 on or before 20th February 1967

(2.) The petitioner has come up in revision against the aforesaid order of the learned Subordinate Judge. His grievance is that the learned Subordinate Judge having held that the petitioner's defence raised triable issues had no jurisdiction to require him to deposit the entire amount in suit with costs as a condition for permission to defend the suit.

(3.) Perusal of the order of the learned Subordinate Judge shows that he was greatly impressed by the fact that on 7-12-1966 the petitioner had stated before him that if the plaintiff made a statement on oath with the sacred Gits in his hand that he had actually advanced a loan of Rs 10,000 to him. as against Rs 6000 alleged by the petitioner, fee plaintiff's claim against him be decreed and that the petitioner later on resiled from his undertaking The order also refers to certain telegrams sent by the petitioner to the plaintiff-respondent promising to pay the amount due to him from time to time. The learned Subordinate Judge was also greatly impressed by the fact that the petitioner had not produced any receipt evidencing repayment of Rs 3000 to the plaintiff. On the basis of these facts the learned Subordinate Judge came to the conclusion that although triable issues had been raised yet the defence disclosed was "highly unimpressive and seemed to have been put forth only to delay the expeditious disposal of the suit."