NARINDER KUMAR Vs. KUNDAN LAL GUPTA

JUDGEMENT

(1.) THIS revision is directed against the order passed by learned Sub Judge Jammu on April 16,1987, granting leave to defend the petitioner (sic) with condition to furnish Bank guarantee equivalent to the suit amount of Rs. 6609/ -in a suit under order 37 of the Code of Civil procedure

(2.) THE respondent filed a suit for the recovery of Rs. 6600/ -based on a pronote against the petitioner under Order XXXVII of the C. P. C. claiming Rs. 4500/ -as the principle amount as per "Hundi" executed on February 10.1982, and the receipt with interest amounting, to Rs. 2100/ -at the rate of 12 percent per annum.

(3.) THE petitioner on January 31,1987. made an application under order 37 Rule 3(5) of the CPC seeking leave to defend the suit on the grounds stated in the application duly supported by an affidavit. The learned trial Judge considering the grounds of defence as passing of consideration has been denied, granted leave to defend to the petitioner under the impugned order imposing condition of furnishing bank guarantee of Rs, 6600/ -the suit amount of some nationalised bank within fifteen days of the order. The petitioner is aggrieved of the condition imposed in this revision alleging that the same is without jurisdiction & against the provisions of the Rule. In support learned counsel for the petitioner placed reliance on AIR 1977 S. C. 577 (Mechalech Engineer Vs. M/s pasic Equipment Corporation) AIR 1989 S C 321, Learned counsel for the respondent resisting the revision contended that the learned trial court in the facts and circumstances of the case rightly imposed the condition as the petitioner did not deny his signatures on the pronote.