RATILAL B SHAH AND CO Vs. PARI PRAFULCHANDRA KANTILAL

JUDGEMENT

(1.) QURESHI J. This civil revision application is filed by the original defendants Nos. 1 2 and 3 against the judgment and order dated 17/08/1982 passed by the learned 2nd Joint Civil Judge (S.D.) Mehsana granting the defendants leave to defend on condition that they deposit a sum of Rs. 20 901 in the Court.

(2.) Mr. C. V. Jani the learned counsel for the petitioners has submitted that the impugned order passed by the trial Court directing the defendants to deposit Rs. 20 901 in a suit where the entire claim of the plaintiff is Rs. 24 900 is unreasonable and the same deserves to be set aside. Mr. Jani has urged that in their leave to defend the present petitioners had pointed out to the trial Court that the claim arises out of the amount alleged by the plaintiff to be due at the foot of the account. The defendants have not only challenged the correctness and accuracy of the amounts alleged to have been advanced to the defendants from time to time but also the rate of interest stated to be at 36% per annum. The defendants have also averred that the plaintiff used to deduct the amount of interest at the rate of 36% per annum at the time of paying the loan amount. Thus the defendants have averred that if the plaintiff renders true and correct account it will be found at the foot of the account that no amount is payable by the defendants to the plaintiff.

(3.) Mr. N. S. Sheth the learned counsel for the respondent No. 1 has urged that a sum of Rs. 20 0 is covered by three cheques one of them being of Rs. 10 0 the other one being of Rs. 5 500 and the third one being of Rs. 4 500 all of which have been dishonoured and therefore according to Mr. Sheth at least this principal amount should be taken to be prima facie due from the defendants to the plaintiff.