In a civil revision, the High Court reduced the security deposit amount from Rs.10 lakh to Rs.7.5 lakh for a defendant seeking leave to defend a summary suit under Order XXXVII Rule 3(5) of C.P.C.
The amount to be deposited was reduced from Rs.10,00,000 to Rs.7,50,000.
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HON’BLE Ms. JUSTICE G. ROHINI
CIVIL REVISION PETITION No.6001 of 2012
DATE: 02.08.2013
Between: E.Venkateshwar …Petitioner And Smt. Geetha …Respondent
HON’BLE Ms. JUSTICE G. ROHINI
CIVIL REVISION PETITION No.6001 of 2012
O R D E R:
The revision petitioner is the defendant in O.S. No.409 of 2012 on the file of the Court of the II Additional Chief Judge, City Civil Court, Hyderabad. The respondent herein is the plaintiff. The suit is filed for recovery of money under Order XXXVII Rule 1 of C.P.C. as a summary suit. The defendant/revision petitioner filed I.A. No.1668/2012 under Order XXXVII Rule 3(5) of C.P.C. for grant of leave to defend. By the order under revision the Court below granted leave subject to condition of the defendant depositing Rs.10,00,000/- on or before 30.11.2012 and that the said amount should be invested in Fixed Deposit in any nationalized bank. Aggrieved by the condition so imposed, the present revision petition is filed by the defendant.
Having heard the learned counsel for both the parties, though I am unable to hold that the Court below committed any error in passing a conditional order, in the facts and circumstances of the case, I deem it appropriate to reduce the amount directed to be deposited by the Court below from Rs.10,00,000/- to Rs.7,50,000/-.
Accordingly, the revision petition is disposed of modifying the order under revision to the extent of the amount to be deposited and thus directing the petitioner/defendant to deposit a sum of Rs.7,50,000/- instead of Rs.10,00,000/- on or before 05.09.2013. No costs.
__________________ G. Rohini,J Date: 02.08.2013 KLP
1 issue framed by the court
Whether the condition of depositing Rs.10,00,000 in the conditional order under Order XXXVII Rule 3(5) of C.P.C. was properly imposed.
1 provisions across 1 enactments
E. Venkateshwar
Smt. Geetha
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
