- (1.) This is an appeal against judgment and order dated December 13, 2001 passed by the Hon'ble Single Judge of this Court in C.S. No. 453 of 1999, inter alia, directing the defendant in the said suit to furnish a bank guarantee of Rs. 7,00,000/- (Rupees seven lakh) only, in favour of the learned Registrar, Original Side of this Court, within two weeks after the winter vacation. The defendant of C.S. No. 453 of 1999 as the plaintiff instituted C.S. No. 335 of 1998 against the plaintiff in C.S. No. 453 of 1999, inter alia, for recovery of Rs. 44,61,736.30. (Rupees forty four lakh sixty one thousand seven hundred thirty six and thirty paise) only, with interest.
(2.) Subsequent thereto the defendant in C.S. No. 335 of 1998 instituted this suit, that is, C.S. No. 453 of 1999 for recovery of Rs. 10,06,791.28. (Rupees ten lakh six thousand seven hundred ninety one and twenty eight paise) only as pleaded in paragraph 7 of the plaint and Rs. 1,93,992.44. (Rupees One lakh ninety three thousand nine hundred ninety two and forty four paise) only as pleaded in paragraph 12 of the said plaint, with interest.
(3.) The plaintiff in C.S. No. 453 of 1999 applied under Chapter XIIIA of the Original Side Rules for a summary judgment. The defendant in C.S. No. 453 of 1999 prayed for unconditional leave to defend.;