V. RAJAGOPALA REDDY, J.

( 1 ) THIS Civil Revision Petition arises out of an order passed by the Court below on a petition filed under Order 37 Rule 3 (5) CPC granting leave to defend the summary suit (O. S. No, 1746 of 1996) on condition of the petitioner- defendant depositing half of the suit amount in the Court, which should not however be withdrawn by the respondent-plaintiff.

( 2 ) THE said suit was filed by the respondent-plaintiff under Order 37 Rule 2, C. P. C. on the basis of the promissory notes alleged to have been executed by the petitioner-defendant, for recovery of Rs. 1,36,000/-, in which the petitioner-defendant, filed an application seeking leave to defend the said suit. The petitioner-defendant admitted the execution of the suit promissory notes. According to him, he borrowed the amount five years back and at that time the respondent-plaintiff obtained his signatures on some blank stamped pronotes, receipts and a blank cheque and, subsequently, he repaid the said loan, but the respondent-plaintiff with a mala fide intention did not hand over the said papers and used them for filing the said suit.

( 3 ) THE trial Court after considering the entire material on record

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