GUJAM HAIDER KHAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS is a revision petition filed by the petitioner against an order passed by Civil Judge (Class I) Mahasamund, in C. S. No. 9-B/81, dated 11-11-1982.

(2.) DURING the pendency of the suit, it appears that an ex parte order was passed against the petitioner. N. A. No. 2 was defendant No. 2 who was the guarantor of the loan taken by the petitioner defendant from N. A. No. 1 State Bank of India, the plaintiff in the suit. This guarantor, when the proceedings were ex parte, made an application that the petitioner defendant was going to dispose of the property which was hypothecated with the bank and thereby would make it impossible for the bank to recover the amount. On this application, the Court issued an order directing the petitioner to furnish security for payment of the suit amount. Later, the petitioner moved an application for setting aside the ex parte order and also for setting aside this order directing him to furnish security.

(3.) AFTER hearing both the parties, the learned court below set aside the ex parte order, but as regards the order directing the petitioner to furnish security, the order was maintained.