SANNIDI KASI VISWANADHAM Vs. GADE ANNAPURNAMMA
LAWS(APH)-1971-1-11
HIGH COURT OF ANDHRA PRADESH
Decided on January 27,1971

SANNIDI KASI VISWANADHAM Appellant
VERSUS
GADE ANNAPURNAMMA Respondents

JUDGEMENT

- (1.) In both these Civil Revision Petitions common question is involved under similar facts and therefore they can be disposed of under a common order.
(2.) The petitioner is the same in both the revision petitions though the respondent are different. The respondents have filed suit against the petitioner on the strength of some promissory notes, invoking the summary procedure as provided under Order 37 of the Code of Civil Procedure with regard to suits on negotiable instruments. The learned District Munsiff while granting leave to defend the suits as provided under O, 37, R. 3 (2) has imposed upon the petitioner a condition that he should give third party immovable security for the suit claims. These revision petitions have been referred against the condition imposed by there lower court in granting leave to defend the suits.
(3.) In the fact of Cl. (2), O. 37, R. 3 it cannot seriously be disputed that in a suit under Order 37 the court has jurisdiction to impose conditions when granting leave to defend. But the question is whether, under the circumstances of the present case, the lower court has properly imposed the condition in question.;


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