NEMI CHAND Vs. SHANTI LAL

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 31st of May, 1988, passed by the District Judge, Pali, by which the learned District Judge, Pali, allowed the application under 0. 37 Rr. 3 and 5 of the Code of Civil Procedure filed by the petitioner defendants on certain conditions.

(2.) BRIEFLY stated the facts of the case are that plaintiff Shantilal filed a suit under 0. 37 C. P. C. against Nemichand and Babulal for the recovery of Rs. 12,500/ -. This suit was based on a Khata dated 17. 10. 81 executed by the defendants after settling the whole account and it was admitted that an amount of Rs. 35,000/- is outstanding which would be paid in 14 equal instalments of Rs. 2500/- each. As the defendants have not paid the first five instalments, hence the plaintiff was forced to file the present suit. The notices of this suit were issued to the defendant under 0. 37 r. 2 C. P. C. and the defendants put up their presence and filed the application under 0. 37 R. 3 (5) C. P. C. for leave to defend the suit, this application for leave to defend the suit was contested by the plaintiff and the learned District Judge, Pali by his order dated 31st of May, 1988, decided the application filed by the defendants. According to the District Judge, the defendants have only a plausible case and, therefore, the learned District Judge passed a conditional order and allowed the defendant to defend the suit on the condition hat if the defendants deposit the suit amount of Rs. 12,500/- within 1-1/2 months from the date of order in the court or in the alternative if they furnish an unconditional bank guarantee within 1-1/2 months then they are allowed to defend the suit. In case these conditions are not complied with, the permission granted by he Court will automatically stand cancelled. It is against this order, the present revision petition has been filed.

(3.) IN the result, the revision petition filed by the petitioner is allowed in part. The conditions regarding the deposit of the amount or furnishing of the unconditional bank guarantee is set aside and the petitioners are allowed to defend the suit provided they furnish a solvent security to the satisfaction of the trial court after notice to the counsel for the defendant within a period of two months from today. There is no order as to costs. .