HAR NARAIN Vs. NAGAMI LAL

JUDGEMENT

(1.) THIS is a civil revision against the order dated 20. 1. 82 passed by Civil Judge, Ajmer, in Civil Suit No. 53/81.

(2.) MR. Soral's contention is that in a suit under Order 37 Rule 1 and 2 C. P. C, once the court comes to the conclusion that the issues raised by defence were triable and there was no finding of malafide or the defence being frivolous, then the court could not impose the condition of surety for permitting the defendant to defend the case. According to MR. Soral this principle has been laid down in M/s. Mechalec Engineers & Manufacturers Vs. M/s. Basic Equipment Corporation (1 ).

(3.) MR. Soral on the contrary relied upon the decision of Siri Krishan Bardwarj Vs. Manohar Lal Gupta (supra), Fatehlal Vs. Sunder Lal (5), K. S. Minakshi Vs. M. Subbalakshmi (6) and Yakub Ali Vs. Firj Haji Taji Khanji Ibrahimji (7 ).