J.B. Goel J. - (1.) This Regular First Appeal is directed against order, judgment and decree dated 18th September, 1995 passed by the learned Additional District Judge in a suit filed by the respondent-plaintiff on the basis of a cheque, tried under the provisions of Order 37 of the Code of Civil Procedure (for short 'the Code'). The application for leave to defend filed by the appellant-defendant has been disallowed, leave refused and the suit has been decreed.
(2.) Briefly, the facts are that the respondent-plaintiff had filed a suit for recovery of Rs. 27,840.00 on the basis of a cheque in the sum of Rs. 27.000.00 issued by the appellant in its favour. The suit was tried under summary procedure of Order 37 of the Code, summons of suit and for judgment were accordingly served on the defendant and in due course the appellant-defendant filed an application under Order 37, Rule 3(5) of the Code for leave to appear and defend the said suit on various grounds as pleaded therein. The learned Trial Court vide detailed impugned order and judgment came to the conclusion that the defence sought to be raised by the defendant is frivolous, dishonest, bogus and illusory and the application has no merits and accordingly refused leave to defend and decreed the together with interest @ 12% per annum from. the date of the filing of the suit till realisation.
(3.) Being aggrieved, defendant has come in appeal against the said order, judgment and decree.;