BANSILAL AGARWAL Vs. HARYANA TRADING CO LTD

JUDGEMENT

(1.) THE revision as well as the appeal arise out of O. S. No. 1325 of 2003, on the file of the learned i Senior Civil Judge, City Civil Court, hyderabad.

(2.) FOR the sake of convenience, the parties are referred to as arrayed in the CCCA.

(3.) THE sole respondent filed the suit against the appellant for recovery of a sum of Rs. 7,00,000/-, covered by a cheque dated 23. 9. 2000, invoking the procedure under order 37 of the Code of Civil Procedure (for short 'the Code' ). On receiving the summons, the appellant entered appearance and filed LA. No. 314 of 2004 with a prayer to grant leave to defend, stating that there is triable issue. The application was opposed by the respondent. Through its order dated 15. 3. 2004, the trial Court accorded permission to the petitioner to defend himself in the suit, but imposed a condition that half of the suit amount shall be deposited, on or before 15. 4. 2004. The petitioner filed CRP No. 1941 of 2004 on 13-4. 2004 against the order in the I. A. , feeling aggrieved by the condition. On the ground that the appellant failed to deposit 50% of the suit amount within the stipulated time, the trial Court decreed the suit on 15. 4. 2004. The appeal is filed against the decree passed in the suit.