MOOLA RAM Vs. HARJI RAM

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order 8.10.2015 passed by the Trial Court, whereby while granting leave to defend to the petitioner in a summary suit under Order 37, Rule 3 (5) C.P.C., a condition has been imposed for production of guarantee that If the petitioner's defence fails, the amount of decree shall be paid within a period of one month.

(2.) The respondent-plaintiff filed a suit under Order 37 C.P.C. for a sum of Rs. 5,00,000.00 based on an agreement dated 30.12.2011. After the service of summons for judgment on the petitioner, the petitioner filed leave to defend within a period of 10 days and raised several issues including questioning the execution of the document and the fact that the amount in fact was not lent to the petitioner.

(3.) No reply to the application was filed by the plaintiff. The Trial Court after hearing the parties, came to the following conclusion:- ...[VERNACULAR TEXT OMITTED]...