J.K.BROTHERS Vs. RANCHOOD KASHAP

JUDGEMENT

(1.) This order shall also govern the disposal of M.P.No.5665 of 2023, M.P 5629 of 2023 and M.P.5737 of 2023, as in all these cases, identical issues are involved. For the sake of convenience, the facts as narrated in M.P.No.5629 of 2023, have been taken into consideration.

(2.) These miscellaneous petitions have been filed under Article 227 of the Constitution of India against the order dtd. 4/9/2023 passed in Summary Suit no.193B/2022 by Third, Civil Judge,Class-I, Indore; whereby, the application filed by petitioners/defendants under Order 37 Rule 3(5) read with Sec. 151 of Civil Procedure Code, 1908 (herein after referred to as "CPC') has been partly allowed and while allowing the leave to defend to petitioners/defendants, it has also ordered to deposit the entire claim of the respondent/plaintiff by way of furnishing solvent surety.

(3.) Counsel for the petitioners has drawn attention of this Court to the finding recorded by the learned judge of the civil Court wherein it is held that the defendants have raised certain grounds which can only be decided after the evidence is led by the parties and thus, it is submitted that the petitioners have already made a ground for their entitlement to leave to defend, hence the conditions to furnish the guarantee deserves to be set aside.