Tarun Chatterjee, J. - (1.) On or about 12th July, 2001 Smt. Draupadi Debi Tibrewal as a plaintiff (now in this appeal the respondent) has filed a suit for judgment under Order 37 of the Civil Procedure Code in the Original Side of this Court. In the suit the respondent had taken out a Master's summons dated 9th of August, 2001 praying, inter alia, for a decree for Rs. 17,47,092.44/- which was registered as G.A. No. 3210 of 2001. The appellants also had taken out an application seeking unconditional leave to defend the suit. By a judgment and order dated 22nd of November, 2001 a learned Interlocutory Judge of this Court granted leave to the appellants to defend the suit upon furnishing a bank guarantee to the tune of Rs. 5 lakh and upon furnishing security to the extent of Rs. 5 lakh to the satisfaction of the Registrar, Original Side of this Court within the time fixed in the said order. Steps were taken by the appellants to furnish the bank guarantee and the security in terms, of the aforesaid order of the learned Trial Judge. Thereafter, the appellants approached a bank for obtaining a bank guarantee for a sum of Rs. 5 lakh in favour of the Registrar, Original Side of this Court in terms of the aforesaid order dated 22nd of November, 2001. The appellants were informed by the bank authorities that unless the full sum of Rs. 5 lakh was kept in deposit with them, it would not be possible for the bank authorities to extend any bank guarantee to the appellants. The appellants were unable and are unable to arrange the bank guarantee for a sum of Rs. 5 lakh to be kept in deposit in terms of the order dated 22nd of November 2001. According to the appellants, their landed properties which are valuable much more than the claim sought to be secured can be kept as security in lieu and in place and instead of furnishing bank guarantee for a sum of Rs. 5 lakh. Accordingly the appellants approached the Trial Court for modification of the order dated 22nd of November, 2001 by filing an application which was registered as G.A. No. 466 of 2001. By a judgment and order dated 20th of December, 2001, the learned Interlocutory Judge disposed of the same by extending the time to furnish security and bank guarantee in terms of the order dated 22nd of November, 2001. The learned Interlocutory Judge however rejected the prayer for modification of the order dated 22nd November, 2001 on the ground that as the landed properties are situate doutside the West Bengal, the question of keeping such landed properties as security could not arise at all.
(2.) Being aggrieved by and dissatisfied with the judgment and order dated 22nd November, 2001 and the order dated 20th December, 2001 by which the prayer for modification of the order dated 22nd November, 2001 was rejected, two appeals being APOT No. 121 of 2001 and APOT No. 41 of 2002 have been preferred by the defendants/appellants which were heard in presence of the learned Counsel for the parties. In the aforesaid two appeals two interlocutory applications being GA No. 726 of 2002 and GA No. 213 of 2002 were also filed.
(3.) When the applications for grant of interim relief were taken up for hearing, the learned Counsel for the parties suggested before us that instead of disposing the applications for grant of interim itself, the two appeals as aforesaid may be treated as on day's list and taken up for hearing. Such being the stand taken, we heard the learned Counsel for the parties on merits of the appeals by treating the said two appeals as on that day's list.;