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1972 Supreme(Del) 135

P.S.SAFEER
S. L. LUTHRA – Appellant
Versus
NARENDER KUMAR PURI – Respondent


Advocates Appeared:
O.N.MOHINDRU, R.C.VERMA

Safeer, J.

( 1 ) THIS petition is directed against the order dated the 13th of March, 1972, by which the trial court while granting leave to defend a suit covered by order 37, rule 2 of the civil Procedure Code imposed the condition that the defendant should furnish a bank guarantee in the sum of Rs. 3,000. 00 by the 28th of March, 1972. The suit had been filed on the basis of a promissory note.

( 2 ) THE counsel appearing for the petitioner has read out to me the affidavit filed before the trial court. The principal defence raised was that the plaintiff was a money-lender who had not got himself registered as such and had not bean submitting six monthly statements of accounts, as required by the Punjab Regulation of Accounts Act. It was stated in the affidavit that the plaintiff should have filed the original pronote along with the plaint. At the same time in another paragraph it was stated that the promote was not sufficiently stamped. The trial court was to determine whether the grounds on which leave to defend was sought raised triable issues or not.

( 3 ) THE suits filed on the basis of bills of exchange hundis and promissory notes were placed in a separate category by the Le







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