RAKESH KUMAR Vs. KISHORI LAL JAI PAL

JUDGEMENT

(1.) This revision petition has been filed by the plaintiff against the order of Subordinate Judge 3rd Class, Ludhiana dated 1st March, 1985, allowing the application of the defendant to contest the suit filed under the provisions of Order 37, rule 3 of the Code of Civil Procedure without taking security from him.

(2.) Briefly the facts are that the plaintiff instituted a suit for the recovery of Rs. 4350/- under the aforesaid provision of the Code against the defendant. The defendant filed an application for permission to defend the suit which was allowed by the impugned order. In spite of the plaintiff's request, the defendant was not ordered to furnish security for payment of the amount in case a decree for recovery of the amount was passed against him. The plaintiff has come up in revision.

(3.) The only contention of the learned counsel for the petitioner is that the defendant should have been put to terms before the permission was granted to him to defend and he should have been asked to furnish the security.