Saurabh Jain vs. Rajendra

The High Court Of Madhya Pradesh RP-1497-2019

(SAURABH JAIN Vs RAJENDRA)

Gwalior, Dated : 21-11-2019

Shri V.K. Bhardwaj, learned senior counsel with Shri Kamal Mangal, counsel for the petitioners.

This petition under Order 47 Rule 1 of CPC has been filed by the petitioners against the order dated 25.09.2019 passed by this Court in M.P. No.513/2018, by which the miscellaneous petition filed by the petitioner was dismissed and the order passed by the Appellate Court was affirmed.

The Appellate Court while dismissing the application under Order 39 Rule 1 & 2 of CPC filed by respondents No.1 to 4 had directed that the petitioners/defendants shall furnish a surety of Rs.5 Lacs as well as undertaking before the trial Court that in case, if the defendants lose their case, then they will have to pull down the construction to the extent of share of the plaintiffs.

It is submitted that this Court by the interim order passed in M.P. No.513/2018 had reduced the amount of surety to Rs.1 Lac, however, while affirming the order passed by the Appellate Court, this Court has maintained the direction to furnish surety of Rs.5 Lacs. It is submitted that the surety of Rs.5 Lacs is too harsh.

Considering the submissions made by the counsel for the petitioners, furnishing of surety does not require depositing of the amount. It is merely an undertaking that in case, if they do not comply with the orders, then they will pay the surety amount. Thus, whether the petitioners would be required to pay the surety amount or not depends upon the conduct of the petitioners themselves. Under these circumstances, this Court is of the considered opinion that no error is apparent on the face of record.

Accordingly, petition fails and is dismissed.

(G.S. AHLUWALIA) JUDGE

SHANU RAIKWAR<br>2019.11.22<br>10:21:07 -08'00'