TALASILA ASHA Vs. S. ADHIKESAVAN

JUDGEMENT

(1.) The present Petition has been filed to set aside the fair and Decretal dtd. 8/2/2023 made in I.A. No.3 of 2022 in O.S. No.343 of 2022 on the file of Principal District Judge, Chengalpet.

(2.) The brief facts of the case are as follows:

(3.) The learned Counsel for the Petitioner would submit that the Petition is not maintainable in the present Suit, since it is a Suit contemplated under Sec. 16 of the Civil Procedure Code. Rule 1 of Order 38, C.P.C. does not contemplate furnishing security for any amounts due, but is a provision for furnishing security for 'appearance'. Specifically where the Defendant has absconded or is about to abscond or leave the local limits of the Court and where the presence is required. In the instant case, there is no allegation whatsoever of this nature and the Petitioner not only entered appearance through a Counsel, but also filed a Suit against the Respondent in O.S. 18 of 2020, which is pending on the file of Additional District Munsif Court, Alandur and there is no cause for furnishing any security, much less a Bank guarantee. The amount claimed is not an admitted amount.