RAMESH CHANDRA GUPTA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This revision petition is directed against Order dated 5.4.1994 passed by the Additional Judge to the Court of District Judge, Shivpuri.

(2.) Briefly narrated the facts are that a suit was filed for recovery of Rs. 61,975/- under the provisions of Section (Order) 37 C.P. C. alleging that the Bank has granted a credit facility to the tune of Rs. 50,000/- on 24.11.1988. The security of credit facility was furnished by the petitioner by creating equitable mortgage upon the house situated in village Bhonti which is single storeyed pacca house including the godown, machineries, furnitures, fittings and fixtures in favour of the Bank. He availed the cash credit facility but did not pay the amount. After receipt of service of notice the petitioner moved an application under Order 37, Rule 3(5) for leave to defend. The learned Trial Court by the impugned order granted leave but imposed a condition.

(3.) The learned Counsel for the petitioner contended that the condition imposed by the learned Trial Court is practically negation of the leave. He also urged that it was the duty of the Court before imposing a condition, he should have found a fact and unless it was found no condition could be imposed.