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2023 Supreme(P&H) 1020

H. S. MADAAN
Naveen Gupta – Appellant
Versus
Vikas Jindal – Respondent


Advocates appeared:
Mr. Deepak Aggarwal, Advocate for the petitioner.

H.S. MADAAN, J.

1. In a civil suit under Order XXXVII for recovery of Rs.21,65,000/- filed by the plaintiff Vikas Jindal against defendant Naveen Gupta, on getting notice, the defendant Naveen Gupta appeared and sought leave to defend which was though opposed by the plaintiff but was allowed by the trial Court of Additional Civil Judge (Sr.Divn.), Nabha vide the impugned order dated 6.2.2023. However, the leave to appeal was granted with a direction to the defendant to file indemnity/surety bonds by the next date of hearing i.e. 10.3.2023 along with the written statement.

2. Such condition attached for grant of leave to defend left the defendant aggrieved and he has approached this Court by way of filing the present revision petition praying that the condition to file indemnity/surety bonds has been wrongly imposed by the trial Court and it should be withdrawn.

3. I have heard learned counsel for the petitioner besides going through the record and have been also gone through the judgments i.e. Sudin Dilip Talaulikar Versus Polycap Wires Pvt. Ltd. and others, 2019(3) RCR(Civil)619, Defiance Knitting Industries Pvt. Ltd. Versus Jay Arts, 2006(4) RCR(Civil)493 and B.L. Kashyap and Sons L

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