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2002 Supreme(J&K) 310

MUZAFFAR JAN
Mukhtar Ahmed – Appellant
Versus
Mehraj-Ud-Din – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Dar
Advocate For Respondent: Nemo

1. Revision petition has been filed to set aside order dated 28-03-2001 passed by learned Additional District Judge, Srinagar.

2. It appears that respondents filed suit for recovery of Rs. 35,00,000/- with 18% interest, under Order 37 CPC, in the court of the learned Additional District Judge, Srinagar, in which the defendants-present petitioners were permitted to defend the suit with direction to furnish Bank Security in the amount of Rs. 20 lacs and court Security in the amount of Rs. 15 lacs, vide order dated 28-03-2001. The petitioners are aggrieved of the direction of the court below requiring them to furnish the securities.

3. Learned counsel for the petitioners has placed reliance on AIR 1977 SC 577 and AIR 1985 Karn 83, and submits that once the permission has been granted to defend the suit, the direction to make payment in the Court and furnishing security, as in the impugned order, would not be legally sustainable. To this extent, learned counsel for the petitioners submit that, order may be set aside.

4. Relevant portion of the impugned order, in which the learned trial Court has given his opinion that, there are some triable issues, is reproduced as

That the defendants hav




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