Shekher Dhawan, J. - (1.) - Present petition is challenge to the order dated 10.12.2015, whereby learned Additional Civil Judge (Senior Division), Talwandi Sabo imposed the condition of furnishing surety to the tune of Rs. 6,00,000/- while granting leave to defend the suit.
(2.) Relevant facts of the case that respondent herein had filed suit under Order 37 CPC for recovery of Rs. 17,40,000/- i.e. Rs. 12,00,000/- being the principal amount and Rs. 5,40,000/- being the amount of interest on the basis of pronote and the Court below after hearing both the parties, passed the following order:- "Arguments on the application for leave to defend heard. In view of the submissions made by both the parties, the Court is of the opinion that there is triable issue and defendant should be given opportunity to contest the case. However, he is granted leave to defend subject to furnishing surety bonds in the sum of Rs. 6 lacs. Now to come up on 7.1.2016 for furnishing surety bonds and filing written."
(3.) Learned counsel for the petitioner submitted that when the Court below was of the view that there was a triable issue and defendant should be given an opportunity to contest the suit and had granted leave to defend the suit. But at the same time, the Court below imposed a condition to furnish surety bond in the sum of Rs. 6,00,000/- which is contrary to the provisions of law. Learned counsel for the petitioner also submitted that as there was triable issue in the case, so petitioner was entitled for grant of unconditional leave to defend the suit.;