RAJESH CHAWLA Vs. SOMPAL

JUDGEMENT

(1.) The challenge in the present Revision, filed under Sec. 115 of the Code of Civil Procedure, 1908, is to an order dtd. 19/1/2023, passed by District Judge, Haridwar in Miscellaneous Case No.269 of 2018, 'Rajesh Chawla vs. Sompal', by which, the application, filed by revisionist-defendant under proviso to Sec. 17(1) of the Provincial Small Cause Courts Act, 1887 (in short, 'Act, 1887') for permission to give security, has been dismissed.

(2.) Respondent-plaintiff had filed a SCC Suit No.15 of 2017 against the revisionist-defendant. The said SCC Suit was decreed ex-parte on 7/11/2017. An Application under Order 9 Rule 13 CPC was filed by the revisionist-defendant along with the said Application under proviso to Sec. 17(1) of the Act, 1887.

(3.) Heard Mr. Siddhartha Singh, learned counsel for the revisionist and Mr. Nikhil Singhal, learned counsel for the respondent on the Application (IA No.4 of 2023).