LAWS(CAL)-2019-3-87

MANOJ KUMAR BERIA Vs. ATUL GUPTA

Decided On March 28, 2019
Manoj Kumar Beria Appellant
V/S
ATUL GUPTA Respondents

JUDGEMENT

(1.) The present two revisional applications under Article 227 of the Constitution of India arise from connected money suits and are thus taken up together for hearing. By virtue of the impugned orders, both dated February 15, 2018, the trial court turned down the application of the defendant/petitioner, challenging maintainability of the money suits as summary proceedings under Order XXXVII of the Code of Civil Procedure (hereinafter referred to as the "CPC"), holding that those were maintainable as summary suits.

(2.) By the impugned orders, the trial court also directed the defendant/petitioner to deposit a sum of Rs.50 lakh in each of the suits.

(3.) Learned counsel for the petitioner argues that, by the impugned orders, the trial court virtually closed the defence of the petitioner and directed the claim amount to be deposited. It is argued that the courts ought to be slow in treating money suits as summary suits under Order XXXVII of the CPC when some sort of defence has been raised by the defendant.