( 1 ) PETITIONER has assailed order dated 4-10-2004 passed by the 1st Additional District Judge, Bhopal in regular Civil suit No. 3-B/2004 by which learned Judge has directed the petitioner to deposit Rs. 2,50,000/- in the Court.

( 2 ) THIS order has been assailed by the petitioner on following grounds :- (i) That, the suit was filed under Order 37 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'cpc') and while granting leave to defend in the case, no such condition was imposed by the trial Court. Then, at the time of hearing of summons for judgment, the trial Court cannot direct the petitioner to deposit the suit amount. (ii) That, in the case the stage of passing such an order was under sub-rule (6) of Rule 3 of Order 37 CPC which provides only furnishing of security and not payment of suit amount. In these circumstances, impugned order deserves to be quashed.

( 3 ) LEARNED counsel appearing for respondent supported the order and submitted :- (a) That, though under sub-rule (5) of rule 3 of Order 37 CPC, the trial Court granted leave to defend unconditionally even then at the time of hearing of summons for judgment, the Court is empowered to direct the defendant

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