MUKHTAR AHMED Vs. MEHRAJ UD DIN

JUDGEMENT

(1.) Revision petition has been filed to set aside order dated 28-3-2001 passed by learned Additional District Judge, Srinagar.

(2.) It appears that respondents filed suit for recovery of Rs. 35,00000.00 with 18% interest, under Order 37, CPC, in the Court of learned Additional District Judge, Srinagar, in which the defendants-present petitioners were permitted to defend the suit with direction to furnish Bank Security in the amount of Rs. 20 Lacs and Court Security in the amount of Rs. 15 Lacs, vide order dated 28-3-2001. The petitioners are aggrieved of the direction of the Court below requiring them to furnish the securities.

(3.) Learned counsel for the petitioners has placed reliance on AIR 1977 SC 577 and AIR 1985 Karnataka 82 and submits that once the permission has been granted to defend the suit, the direction to make payment in the Court and furnishing security, as in the impugned order, would not be legally sustainable. To this extent, learned counsel for the petitioners submit that, order may be set aside.