BALENDRA SINGH CHOUHAN Vs. RAJKUMAR ASATI

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India has been filed against order dtd. 19/12/2023 passed by Principal District Judge, Balaghat in RCA No.75/2022 by which an application filed by petitioner under Order 41 Rule 5 C.P.C. has been allowed with a condition that judgment and decree shall remain stayed subject to deposit of 50% of decreetal amount i.e. Rs.15,00,000.00 as well as on furnishing personal bond and surety to the effect that in case if appeal is dismissed, then the entire decreetal shall be deposited.

(2.) It is submitted that although petitioner is running a petrol pump but since the rent was not deposited, therefore, his defense was struck off.

(3.) Be that whatever it may be.