Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Return of barrowed amount--Imposing of condition for submission of bank guarantee--Surety bond was already submitted by petitioner has raised a plea regarding return of borrowed amount in presence of witnesses--Condition imposed by trial Court, is harsh and tantamounts to negate principle of law, same is untenable--Revision petition allowed. 2007 CLD 267 ref. ORDER Through instant revision petition, petitioner has assailed order dated 10.09.2020, passed by learned Additional District Judge, Sialkot, whereby petitioner was granted leave to appear and contest the suit subject to submission of bank guarantee of an amount ofRs. 55,00,000/-. 2. Learned counsel for petitioner submits that pursuant to the interim order dated 28.10.2020, passed by this Court, surety bond equivalent to the claimed amount has already been submitted. She adds that learned trial Court is proceeding with the case and evidence is being recorded, therefore, condition for submission of bank guarantee is harsh. When confronted, learned counsel for respondent could not controvert the above…

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