Code of Civil Procedure, 1908–Order 37, Rule 3(5)–Order of granting the conditional leave to defend subject to deposit fo Rs. 1,00,000/- in term of fixed deposit–Appreciation of–Observation of trial Court that the petitioner-defendant himself admitted that the promissory note in question bears his signatures–Further, the cheque in question was dishonored due to insufficiency of funds–Further observation that the bills produced by the petitioner-defendant do not bear the signatures of plaintiff and owing a few amounts–
Held, no illegality was committed by the Court below in granting the conditional
leave to defend.
