R.S. Chauhan, J.

The petitioner-defendant is aggrieved by the order dated 16.12.2013 passed by Addl. District and Sessions Judge No.5, Jaipur Metropolitan. Jaipur, whereby while granting the leave to the petitioner-defendant for submitting his written statement under Order 37, Rule 3(5) CPC, the learned Judge has imposed the condition that the petitioner-defendant shall give a bank guarantee of Rs.15 lac within a period of one month.

2. Relying on the case of Mechelec Engineers & Manufacturers v. Basic Equipment Corporation [AIR 1997 SC 577], the learned counsel for the petitioner, Mr. Giriraj Bardhar, has contended that in the said case the Hon'ble Supreme Court had relied on the case of Smt. Kiranmoyee Dassi and Another v. Dr. J. Chatterjee, wherein the Hon'ble Supreme Court had laid down the principles applicable to cases under Order 17 CPC. It was clearly held by the Hon'ble Supreme Court that only when the trial court comes to the conclusion that the defence proposed by the defendant is either illusory, or sham, or practically a moonshine, only then the Court would be justified in imposing a condition upon the defendant for permitting him to file his written statement.