MOHAMMAD ASHRAF Vs. VINOD KUMAR ASAWA

JUDGEMENT

(1.) The C.R.P. arises out of an order allowing the petitioner's application for leave to defend the suit filed under Order XXXVII Rule 3(5) of the Code of Civil Procedure on condition of the petitioner depositing a sum of Rs. 1,00,000/- on or before 5-6-2000. Aggrieved by the condition imposed by the trial Court, the present C.R.P., is filed.

(2.) In the suit, the respondent-plaintiff sought for a money decree for an amount of Rs. 2,19,500/. The break-up of the amount for which the decree is sought is as follows:

(3.) The plea of the petitioner-defendant is that the documents viz., promissory note and receipt are fabricated and they were not executed by him. It is also contended that as the suit is not entirely based on the promissory note, it does not fall under Order XXXVII Rule 2, C.P.C. In other words, it is contended that the nature of the suit is such that the summary procedure under Order XXXVII cannot be resorted to.