RAVI TRADERS Vs. YOURS ONLY

JUDGEMENT

(1.) In this CRP the power of the Civil Court imposing certain conditions while permitting the defendant in a suit filed under Order 37 Rule 2 of CPC to appear and prosecute the suit, is the subject matter of consideration before this Court.

(2.) The respondent instituted the suit O.S.No. 463/93 on the file of the II Additional Judge, City Civil Court, Hyderabad under Order 37 Rule 2 of CPC seeking to recover an amount of Rs. 6,82,360/- basing on a transaction of sale of tea leaves. After the suit being instituted by the respondent, on issuing summons for judgment, the defendant who is the petitioner in this revision, as required under sub-rule (5) of Rule 3 of Order 37 CPC filed I.A.No. 1758/93 seeking permission to participate in the proceedings. The petitioner filed an affidavit in the Court admitting the fact of issuing a blank cheque in favour of the respondent-plaintiff in the year 1991. The petitioner also denied to have issued a cheque for an amount of Rs. 5,72,272/- on 31-3-1992 as alleged by the respondent-plaintiff and pleaded in the affidavit that the suit is misconceived and sought permission to participate in the proceedings.

(3.) The lower Court on consideration of the entire material, permitted the petitioner-defendant to participate in the proceedings, but however, imposed a condition directing the petitioner to furnish bank guarantee for the suit amount or alternatively to deposit the suit amount within a reasonable period. Since the condition imposed by the lower Court while permitting the petitioner to participate in the proceedings in I.A.No. 1758/93, by an order dated 14-2-1996 is not acceptable to the petitioner and therefore, he filed this CRP challenging the said order of the lower Court.