N SUBHASH CHAND JAIN Vs. UNIPLY INDUSTRIES LIMITED

JUDGEMENT

(1.) (Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair order and decretal order dated 19.08.2009 passed in I.A.No.10858 of 2008 in O.S.No,4032 of 2001 on the file of the City Civil Court, II Assistant Judge, Chennai.) The petitioner/defendant has filed the Civil revision petition as against the order dated 19.08.2009 in I.A.No.10858 of 2008 in O.S.No,4032 of 2001 passed by the Learned II Assistant Judge, City Civil Court, Chennai in directing the revision petitioner/defendant to deposit a principal sum of Rs.59,084/- into the Court before 7.9.2009 and the cost of Rs.2,500/- to be paid to the respondent/plaintiff and has also observed that if the condition is not complied with, the petition will stand dismissed and directed the matter to be called on 08.09.2009.

(2.) ASSAILING the order of the trial Court passed in I.A.No.10858 of 2008 dated 19.08.2009, the learned counsel for the revision petitioner/defendant submits that the petitioner has a good defence in the main case and the trial Court should not have directed the petitioner to deposit the entire suit claim as a condition precedent for allowing the application and further imposing condition to deposit the entire sum is an onerous one and the same being burdensome one and in the interest of justice, the same has to be set aside by this Court by means of allowing the civil revision petition.

(3.) IT is an axiomatic fact in law that the Court of Law can pass a conditional order in an application, requiring a particular party to pay some amount either towards principal or towards costs. As far as the present case is concerned, since the claim itself relates to a principal sum of Rs.59,094/- and the same comes to Rs.76,809/-i.e., towards principal and interest as on date of the plaint, this Court on the basis of Equity, Fair play and Good conscience and even as matter of Prudence directs the petitioner to deposit a sum of Rs.29,542/- together with interest cost of Rs.2,500/- to the credit of O.S.No,4032/2001 before the trial Court to meet the ends of justice in a common sense pragmatic manner.