Appeal by Special Leave from the Judgment and Order dated 27 10 1975 of the Delhi High Court in Civil Revision No.
The plaintiff alleged that the cheque 1061 was given as price of goods supplied.
Leave to defend may be given uncondi tionally or subject to such terms as to payment into Court, giving security, framing and recording issues or otherwise as the Court thinks fit.
This leave was granted unconditionally by the Trial Court after a perusal of the cases of the two sides.
Order 37, Rule 3, Civil Procedure Code lays down 1 The Court shall, upon application by the defendant give leave to appear and to defend the suit, upon affidavits which dis close such facts as would make it incumbent on the holder to prove companysideration, or such other facts as the Court may deem sufficient to support the application.
7655/ , as interest at 12 per annum.
The defendant appellant had its own version as to the reasons and purposes for which the cheque was drawn.
The defendant appel lant firm admitted the issue of the cheque by its Managing partner, but, it denied any privity of companytract with the plaintiff firm.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
A learned Judge of the High Court of Delhi had on a revision application under Section 115 Civil Procedure Code interfered with the order of the Additional District Judge of Delhi granting unconditional leave, after setting out number less than seven questions on which the parties were at issue.
The suit was instituted under the provisions of Order 37 Civil Procedure Code so that the defendant appellant had to apply for leave under Order 37, Rule 2, of the Code to defend.
C. Agarwala and M.M.L. Srivastava, for the respondent.
N. Andley, Urea Dutta and T.C. Sharma, for the appellant.
Pushpa Mittal, shown as one of its partners, for the recovery of Rs.
508 of 1976.
J. The plaintiff respondent ,alleged to be a regis tered partnership firm filed a suit on 25th April, 1974, through Smt.
115/75 .
21,265.28 as principal and Rs.
The Judgment of the Court was delivered by BEG.
according to law and Mercantile usage, on the strength of a cheque drawn by the defendant on 12th May, 1971, on the State Bank of India, which, on presentation, was dishonoured.
