- (1.) Leave granted.
(2.) This appeal is directed against a judgment and order dated 30.01.2006 passed by a learned Single Judge of the High Court of Delhi whereby and whereunder an application filed under Article 227 of the Constitution Of India, 1950 filed by the respondents herein against a judgment and order dated 27.05.2005 passed by a learned Civil Judge, Karkardooma, Delhi was allowed.
(3.) Appellant herein filed a suit which was marked as Suit No. 303 of 2004 for recovery of a sum of Rs. 2, 93, 987/- with interest on account of dishonoured cheques. The said suit was filed in terms of Order XXXVII of the Code of Civil Procedure (Code). The respondents filed an application purported to be under Order XXXVII, Rule 3 (5) of the Code praying for grant of leave to defend the said suit. The learned Civil Judge refused to do so by an order dated 27.05.2005 opining: "I am convinced with the plaintiff's contention that the defence as disclosed by defendant in their application is sham and illusory and in my considered opinion, the defendants are not entitled for leave to defend the present suit and the plaintiff is entitled to have the judgment signed. Accordingly, the application under Order 37, Rule 3(5) Code Of Civil Procedure, 1908 of the defendants is devoid of any merits. The same is hereby dismissed. Application is disposed of accordingly.";