1. Conditional leave has been granted on 07.09.2017, in favour of the petitioner herein by the learned trial Court on an application filed under Order 37, Rule (3), sub-rule (5) of CPC. The learned trial Court had found the ground put forth for grant of leave to be illusory and sham and accordingly the petitioner has been directed to deposit an amount of Rs. 6,20,000/- in the Court or in the alternative deposit cash security.

2. A review petition was filed before said Court which has been dismissed in terms of order dated 23.01.2019, while opining no ground had been made out for the same. The approach of the learned Court is stated being not covered by the law and virtually according to the petitioner the defendant has been incapacitated to contest the suit. For this, Revisory jurisdiction under Section 115, C.P.C. and in the alternative Section 104, Constitution of Jammu and Kashmir is invoked.

3. A copy of the plaint has been brought on record by the learned counsel when he was being heard. It indicates a suit has been filed for an amount of Rs. 6,20,000/- by the respondent before trial Court on the count that:

(i) The plaintiff is a Managing partner of the Firm Northern Moto