Case Note & Summary
The case involved a civil suit where the petitioner sought to challenge the terms of leave granted to the defendant. The Supreme Court, presided over by Chief Justice B.N. Kirpal, was approached to review the conditions under which the leave had been granted. The court noted that the respondent had already deposited Rs. 10 lacs in cash with the High Court against the entire claim in the suit and had offered security for the same amount. However, the court found it necessary to modify the existing terms of leave. It directed the defendant to deposit an additional sum of Rs. 10 lacs within eight weeks, bringing the total deposit to Rs. 20 lacs. This amount was to be kept in fixed deposit to ensure that it would be available for payment to the successful party following the trial court's decision. The appeals were disposed of with these modifications.
Headnote
A) Civil Procedure - Modification of Leave Conditions - Court's Authority to Modify Terms - Not mentioned - The court decided to modify the terms of leave granted to the defendant, requiring an additional deposit to ensure security for the claim in the suit. The modification aimed to safeguard the interests of the successful party in the trial court's decision. Held that the defendant must deposit a further sum to meet the court's requirements (Paras Not mentioned).
Issue of Consideration
Whether the terms of leave granted to the defendant should be modified.
Final Decision
The Supreme Court modified the leave conditions, requiring the defendant to deposit an additional Rs. 10 lacs within eight weeks, totaling Rs. 20 lacs to be held in fixed deposit for the successful party.
Law Points
- Modification of leave conditions
- deposit of security
- trial court decision
- High Court procedures
