High Court Punjab-Haryana High Court

Sukhwinder Singh vs Bodh Raj on 14 October, 2009

Punjab-Haryana High Court
Sukhwinder Singh vs Bodh Raj on 14 October, 2009
CR No.3295 of 2006                                               1



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH




                                       CR No.3295 of 2006

                                       Date of Decision: 14.10.2009




Sukhwinder Singh                                          ...Petitioner

                         Vs.

Bodh Raj                                                  ..Respondent




Coram: Hon'ble Mr. Justice Vinod K.Sharma




Present :   Mr. Vijay Rana, Advocate for the petitioner

            None for the respondent.

                   ---

Vinod K.Sharma,J. (Oral)

This revision petition is directed against the order dated

19.5.2006 passed by the learned Civil Judge (Senior Division), Jalandhar

vide which while allowing the application moved by the petitioner for leave

to defend, a condition was imposed directing the petitioner to furnish

security bond in a sum of Rs.4,00,000/- (Rupees four lac only) with one

surety, undertaking therein to comply with the decree, which may ultimately
CR No.3295 of 2006 2

be passed in the suit.

The learned counsel for the petitioner challenges the impugned

part of the order vide which the petitioner was directed to furnish security

bond and surety, on the plea that the learned trial court on appreciation of

the stand taken in the application for leave to defend recorded a positive

finding that the plea raised could not be said to be frivolous and, therefore,

the petitioner was entitled to unconditional leave to defend, in view of the

positive finding that the defence raised by the petitioner was not frivolous or

moonshine. In support of this contention, the learned counsel placed

reliance on the following judgments:-

1. Sunil Enterprises and Anr. Vs. SBI Commercial &
International Bank Ltd. (1998) 5 SCC 354;

2. M/s Hotel Paras & Anr. Vs. M/s Sound Vision 1999 (2)
Civil Court Cases, 380;

3. Babbar Vision India Pvt.Ltd.Vs. Rama Vision Ltd. 2003
(1) Recent Civil Reprts (Civil) 226 and

4. Wada Arun Asbestors (P) Ltd. Vs. Gujrat Water Supply
& Sewerage Board 2009 (1) RCR (Civil) 425.

In view of the settled proposition of law, the impugned part of

the order cannot be sustained.

Consequently, this revision is allowed, the impugned part of the

order imposing a condition while granting, leave to defend directing the

petitioner to furnish security bond and one surety, is quashed. The

petitioner shall be entitled to unconditional leave to defend.




                                                   (Vinod K.Sharma)
14.10.2009                                              Judge
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