LAWS(DLH)-1999-8-104

SUDESH KUMAR B DHAWAN Vs. J S SOOD

Decided On August 13, 1999
SUDESH KUMAR B.DHAWAN Appellant
V/S
J.S.SOOD Respondents

JUDGEMENT

(1.) The petitioner has preferred this petition being aggrieved by the order dated 17th April, 1997 passed by the Additional District Judge, Delhi in Suit No. 485/93 giving him conditional leave to defend the suit Filed by the respondent No. I under Order 37 CPC.

(2.) The respondent No. I filed the aforesaid suit under Order 37 Civil Procedure Code for recovery of Rs. l,95,000.00 . It is alleged in the plaint that an agreement was entered into between defendants 1 and 2 pursuant to which an amount of Rs. Two lacs for the production of picture 'JAAN HATHELI PE' was paid to be produced under the partnership of defendant No. 2. It is further alleged that as partner of defendant No. 2, defendant No. 9 executed bills of exchange (Hundies) and the said hundies were duly endorsed by defendant No. 1 in favour of the plaintiff. The aforesaid hundies when presented for acceptance to defendant No. 9, who accepted the same by endorsement made on the hundies. The said hundies were, however, dishonoured. For recovery of the amount under the hundies, the present suit was instituted by the plaintiff under order 37 CPC.

(3.) Defendants 1, 7 and 8 did not appear and contest the suit whereas defendants 2 to 6 have been granted unconditional leave to defend under Order 37 CPC. Defendant No. 9, who is the petitioner herein, also filed an application seeking for leave to defend and the said application was disposed of by the Additional District Judge granting him leave to defend, with condition that he should furnish bank guarantee of the suit amount or an FDR of the equivalent amount or cash amount in the name of the court, failing which the application for leave to defend would be deemed to be rejected.