MANISH BABULAL CHAUDHARY Vs. DHARMENDRA MOHANLAL KACHAWA

JUDGEMENT

(1.) The petitioners have filed the present petition under Article 227 of the Constitution of India, being aggrieved by impugned order dtd. 4/3/2020, passed by the 14th Civil Judge Class, I Indore whereby the petitioners have been directed to furnish the bank guarantee of Rs.3,49,385.00.

(2.) Brief facts of the case are that the respondent / plaintiff has filed a summary civil proceedings under Order 39 Rule 1 (1) and (2) of CPC, 1908 (for short 'CPC') for recovery of the amount with the averment mentioned therein against respondents/defendents No.1 and 2. The respondents / defendants filed an application for granting leave to defend under Order 37 Rule 3(5) of CPC, but learned trial Court has passed the impugned order dtd. 4/3/2020 and granted leave to defend with imposing a condition that submitting bank guarantee of sum of Rs.3,49,385.00. Hence, the petitioner has filed the present petition before this Court.

(3.) Learned counsel for the petitioner contended that trial court has imposed condition to furnish bank guarantee, this condition has made impossible to file defence against the plaintiffs case and petitioners are facing grave injustice. The impugned order is perverse and bad in eyes of law.