CHIMANLAL GAGHUBHAI SHAH Vs. HARGOVIND DHARMSI

JUDGEMENT

(1.) ON 5th December 1973, Chimanlal Gaghubhai Shah filed Summary Suit No. 1241 of 1973 in this Honble Court against M/s. Hargovind Dharmsi, a partnership firm for recovery of a sum of Rs. 41,800/- together with interest on Rs. 40,000/- at the rate of 6% per annum from the date of the suit till payment and cost of the suit. On death of original plaintiff, the heirs and legal representatives of the original plaintiff Mrs. Chandrakanta widow of Mr. Chimanlal Gaghubhai Shah and Mr. Kirtikumar Chimanlal Shah the son of the deceased were substituted as the plaintiffs.

(2.) THE plaintiffs filed this summary suit against the defendants invoking Order XXXVII of Code of Civil Procedure on the ground that the defendants executed 8 hundies of Rs. 5,000/- each in favour of the plaintiffs for valuable consideration and the said hundies were dishonoured by the firm of M/s. Hargovind Dharmsi, the defendants in the suit.

(3.) AT the hearing of summons for judgment taken out by the plaintiffs in this suit, Vimadalal, J. , passed an order on 8th April 1974, directing the defendants to deposit a sum of Rs. 15,000/- in Court within 4 weeks. The learned Judge granted conditional leave to the defendants to defend the suit provided the defendants deposited the said amount in Court as a Security towards plaintiffs claim. The said order of deposit was made by the learned Judge under Order 37, Rules 3 of the Code of Civil Procedure.