CM(M) No.72/2019, CM No.8071/2019

1

Sr. No.203

IN THE HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

CJ Court

CM(M) No.72/2019, CM No.8071/2019

Abdul Rashid Ganaie

…Petitioner(s)/Appellants.

Through:

Mr. G. Q. Bhat, Advocate.

Vs.

Ghulam Rasool Sheikh

….Respondent(s)

Through:

Mr. Usman Gani, Advocate.

CORAM:

HON’BLE THE CHIEF JUSTICE

O R D E R

02.04.2021

01.

Learned counsel for the parties agree for final disposal of the matter.

02.

Heard Sh. G. Q. Bhat, learned counsel for the petitioner and Sh. Usman

Gani, learned counsel for the respondent.

03.

The petitioner has invoked the supervisory jurisdiction of this court

under Article 227 of the Constitution of India so as to assail the condition

imposed while granting leave to defend the suit filed under Order 37 Rule 3(5)

CPC, vide order dated 16.12.2019.

04.

The impugned order dated 16.12.2019 states that although the defence

urged by the defendant/ petitioner seems to be illusory and sham yet the right to

defend the suit is granted subject to the condition he deposits an amount of

Rs.6.45 lakhs in the court which later on was converted into furnishing ba