Application challenging the trial court's direction to furnish solvent security in an Order 37 recovery suit was dismissed. The High Court found no error as security ensures the plaintiff's interest despite partial debt adjustment. Writ petition dismissed.
Writ petition dismissed; copy of order to be sent to opposite party and learned trial court.
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S.B. CIVIL WRIT PETITION NO.3299/2010 N.R.T. Traders Vs. Rajkumar.
Date of order : 5th April, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI
Mr. Mahesh Thanvi for the petitioner.
Heard learned counsel.
By the impugned order dated 20.3.2010, the learned trial court has directed the defendant-petitioner to furnish solvent security to the extent of Rs.35,000/- while granting leave to defend in recovery suit filed by the plaintiff-respondent under Order 37 C.P.C.
Learned counsel for the petitioner-defendant submitted that part of the debt was repaid by the defendant-petitioner by giving a cheque to the wife of the plaintiff and, therefore, the defendant had denied his liability.
A perusal of the impugned order shows that the learned trial court has taken note of this fact and the cheque of Rs.30,000/given to the plaintiff out of alleged debt of Rs.65,000/- has been adjusted by the plaintiff himself and the suit has been filed for the balance amount of Rs.35,000/- and while granting leave to defend the suit the learned trial court cannot be said to have erred while directing the defendant petitioner to give solvent security to secure the interest of plaintiff.
This Court finds no force in the writ petition. The writ petition is, therefore, dismissed. Copy of this order be sent to the opposite party as well as learned trial court.
[ DR. VINEET KOTHARI ], J.
item No.7 babulal/
1 issue framed by the court
Whether the trial court erred in directing the applicant-defendant to furnish solvent security while granting leave to defend a recovery suit filed under Order 37 C.P.C.
1 provisions across 1 enactments
N.R.T. Traders
Rajkumar
VINEET KOTHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
