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(Parambathkandi) Olayatt Kunhu Vs. Ussan Kasim Sait and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1929Mad841
Appellant(Parambathkandi) Olayatt Kunhu
RespondentUssan Kasim Sait and anr.
Excerpt:
- - it has also found that the plaintiff has seemingly a strong case......of the lower court giving conditional permission to the petitioner to defend the case only on giving security is right. it has been found by the court that the petitioner has a defence which has to be considered. it has also found that the plaintiff has seemingly a strong case. in view of the opinion of the learned judge which i have stated above it cannot be said that there are no bona fides on the part of defendant 2. in these circumstances i think the learned judge should have granted permission to the petitioner to defend the case unconditionally. of course this court interferes only very rarely under section 115, civil p.c. but when the conclusion of the judge is obviously opposed to the finding expressed in the body of the judgment. i think it is a case where this court should.....
Judgment:

Madhavan Nair, J.

1. The question for consideration in this case is whether the order of the lower Court giving conditional permission to the petitioner to defend the case only on giving security is right. It has been found by the Court that the petitioner has a defence which has to be considered. It has also found that the plaintiff has seemingly a strong case. In view of the opinion of the learned Judge which I have stated above it cannot be said that there are no bona fides on the part of defendant 2. In these circumstances I think the learned Judge should have granted permission to the petitioner to defend the case unconditionally. Of course this Court interferes only very rarely under Section 115, Civil P.C. But when the conclusion of the Judge is obviously opposed to the finding expressed in the body of the judgment. I think it is a case where this Court should interfere and set aside the order. The order is therefore set aside. Each party will bear its own costs. Of course the order giving defendant 2 leave to defend will remain.

2. The only order that is set aside is that part of it which relates to the imposition of the security.


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