SUCHA SINGH Vs. GHANSHAM LAL

JUDGEMENT

(1.) In a suit for recovery of Rs. 1,51,800/- filed under Order 37 CPC on the basis of a pronote allegedly executed by the petitioner, the learned trial Court vide its order dated 8.4.2003 granted leave to defend the suit subject to furnishing surety bonds in the sum of Rs. 1,75000/- by the petitioner.

(2.) The petitioner thereafter moved an application for review of the said order which, however, has been dismissed vide order dated 5.10.2004. Aggrieved, the petitioner has filed this revision petition.

(3.) Learned Counsel for the petitioner vehemently contends that the order directing the petitioner to furnish surety bonds in the sum of Rs. 1,75000/- has been passed mechanically and without assigning any valid reasons. According to him, since the petitioner-defendant has denied execution of any pronote in favour of the respondent-plaintiff, he ought not to have been asked to furnish any surety bonds. Reliance has been placed upon a judgment of the Hon'ble Supreme Court in the case of State Bank of Saurashtra v. Ashit Shipping Services (P) Ltd. 2002 (2) RCR (Civil) 598 and a judgment of this Court in the case of Smt. Shila Vati v. Vijay Kumar etc. 1975 CLJ 633.