Surya Kant, J. - (1.) THIS revision petition has been preferred against the order dated 13.8.2004 passed by the Civil Judge (Sr.Div.) Bathinda whereby in a suit for recovery of Rs. 23,97,720/ - conditional leave to defend has been granted to the petitioner -State subject to the furnishing of the bank guarantee of Rs. 10 lacs within two months.
(2.) AGGRIEVED , the State of Punjab has preferred this revision petition. Notice of motion was issued and in response thereto, the respondent -plaintiff has put in appearance.
(3.) TWO -fold contentions are raised by Mr. Cheema, learned Sr.DAG, Punjab. It is vehemently argued that even if the averments made in the plaint are taken on their face value, no cause of action or part thereof has arisen in favour of the respondent within the territorial jurisdiction of the Civil Court at Bathinda, which, thus, has no territorial jurisdiction to entertain the suit. Secondly, it is contended that the plea that the material supplied by the respondent -plaintiff was of sub -standard and such like contentious issue can only be adjudicated on the basis of evidence to be led by both the parties. According to Mr. Cheema, the plaintiff's claim being totally frivolous, neither it can be adjudicated in summary proceedings nor could the State be dealt with like an individual by directing to furnish a bank guarantee of Rs. 10 lacs as a condition precedent.;