S. S. BAZAZ Vs. L. ISHAR DAS WADHWA, PLAINTIFF AND ANOTHER
HIGH COURT OF PUNJAB AND HARYANA
S. S. Bazaz
L. Ishar Das Wadhwa, Plaintiff And Another
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Harnam Singh, J. -
(1.) THIS is an appeal by the defendant -appellant from the decree passed by the Senior Subordinate Judge, Amritsar, on 14th May 1946, in civil Suit No. 316 of 1945, under R. 1 of O. 37, Civil P. C.
(2.) THE respondent to this appeal is Lala Ishar Dass Wadhwa who instituted the suit out of which this appeal has arisen on 28th May 1945, under summary procedure on negotiable instruments on the basis of cheque No. 2/046846 dated 1st August 1944, drawn by defendant 1 in favour of defendant 2 on the Allahabad Bank Limited for Rs. 10,000. The plaintiff came to Court on the allegation that he was the holder in due course of cheque No. 2/046846 dated 1st August 1944 and that he presented the cheque to the Bank, but the same was returned to him dishonoured. As the suit was filed under summary procedure on negotiable instruments, the defendant had to take leave to defend the suit under R. 3 of O. 37, Civil P. C.
(3.) RULE 3 of Order 37, Civil P. C., reads:
(1) The Court shall, upon application by the defendant, give leave to appear and to defend the suit, upon affidavits which disclose such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court may deem sufficient to support the application.
(2) Leave to defend may be given unconditionally or subject to such terms as to payment into Court, giving security, framing and recording of issues or otherwise as the Court thinks fit.;
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