AVTAR SINGH Vs. SINGH FINANCE

JUDGEMENT

(1.) The petitioner has filed the present revision against the Order dated 19.11.2003, passed by Civil Judge (Sr. Divn.). Chandigarh, by which the petitioner was granted leave to defend subject to the condition that he furnishes bank guarantee for the amount in dispute.

(2.) The plaintiff-respondent has filed a suit for recovery of Rs. 1,60,000.00 on the basis of loan agreement and a promissory note dated 24.08.1999. The petitioner filed an application, wherein, it was prayed that he be granted leave to defend the suit on the, ground that the plaintiff has not complied with the provisions of Order 37 Code of Civil Procedure and also on the ground that no documents were supplied to the petitioner along with the plaint. The trial Court granted permission to the petitioner to defend the suit subject to the condition that he furnishes bank guarantee for the amount in dispute.

(3.) In the revision petition it is contended by the petitioner that the leave to defend should have been granted unconditionally as the petitioner had a triable case.