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1978 Supreme(MP) 525

B.R.DUBE
Ratanbai – Appellant
Versus
Manglaben – Respondent


Advocates Appeared:
For the Applicant : S.M. Jhawar
For the Respondents: B.K. Thakkar

Short Note :

1. The non-applicant had filed summary suit under Order 37, Rule 3 CPC upon a promissory note. The applicant appeared before the Court and prayed for leave to defend the case. The trial Court gave the permission on the condition that the applicant shall furnish security for the amount of decree which may ultimately be passed against her. Against the imposition of the said condition the applicant has come to this Court in revision.

Held : It is true that the trial Court has not in so many words said that the defence of the applicant is not bona fide or that it does not raise a triable issue. However, while imposing the condition as regards furnishing of security the trial Court had taken into consideration that the applicant had admitted the execution of the promissory note as well as the fact that she had taken the loan long back. The non-applicant had served the applicant with a notice of demand. The applicant gave reply of that notice through an Advocate which is on record. In that reply the applicant denied to have executed the pronote on the receipt of the consideration amount of Rs. 40,000. The case set up by the applicant in that notice was that the applicant had m




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