MADHAVIBEN HIMANSUBHAI DEVANI Vs. LATABEN SURESHBHAI PAVAGADI

JUDGEMENT

(1.) This Revision Applicastion centres round the question as to whether the plaintiff can take advantage of two remedies available for him to secure the amount claimed in summary suit.

(2.) The respondent-planitiff filed summary suit no. 70 of 1996 in the Court of the Civil Judge (S.D.), Rajkot for the recovery of Rs. 1,67,900.00. The respondent-plaintiff also filed an application exh. 5 for injunction under Order 39, Rules 1 and 2 read with section 151 of Civil Procedure Code. The 8th Joint Civil Judge (S.D.), Rajkot by his order dated 27th November, 1996 allowed that application and directed the defendant not to transfer the Maruti car bearing registration No. GJ-3-K-1795 of 1996 model till the final disposal of the suit and that order is still in operation. The respondent-plaintiff had also taken out a summons for judgment vide application exh. 20 on 10.2.99.

(3.) The petitioner-defendant resisted and objected to the said application by filing an affidavit-in-reply and written submissions. The 5th Joint Civil Judge (J.D.), Rajkot after hearig the parties allowed the said application of the plaintiff and by the order dated 12th January, 1999 the defendant was permitted to defend the suit on the condition to deposit Rs.90,000.00 within a period of three months from the date of the order. That order was challenged in this Court by means of filing Civil Revision Application No.170 of 1999 wherein it was pointed out by the learned counsel for the petitioner that the defendant has already been injuncted from transferring or alienating his Maruti car. As such, asking to deposit the a[mount of Rs.90,000.00 amounts to imposisng double surety which is not permissible in law. It was also pointed out by the learned advocate for the respondent-original plaintiff that the Maruti car was hypothecated to Gujarat Lease Finance Company Ltd. Taking the notice of the fact and relying upon reported decisions of this Court in Civil Revision Application no. 2000 of 1970 decided on 20.6.70 and Civil Revision Application no.222 of 1963 decided on 21st August, 1983, this Court did not find any illegality in the impugned order and Revision Application no.170 of 1999 was dismissed by the order dated 12th February, 1999.