Case Note & Summary
The dispute arose from a civil suit filed by the Respondent for recovery of dues amounting to Rs.6,68,513/- based on a dishonoured cheque issued by the Petitioner. The Petitioner had purchased iron sheets on credit from the Respondent, acknowledging a liability of Rs.4,42,724/-. A cheque for Rs.3,50,000/- was issued but later dishonoured, prompting the Respondent to file Suit No.57 of 2008. The Petitioner sought leave to defend the suit, claiming the cheque was given as security and had been altered. The trial court dismissed the application, leading to the present Special Leave Petition. The Petitioner argued that the cheque's validity and the receipt of goods were triable issues, while the Respondent contended that the Petitioner’s claims were mere denials without evidence. The court examined the cheque and found no signs of alteration, concluding that the Petitioner failed to establish any triable issue. The court emphasized that the summary procedure under Order XXXVII is meant for clear and undisputed claims, and the defence raised by the Petitioner was deemed implausible. Ultimately, the Special Leave Petition was dismissed without costs.
Headnote
A) Civil Procedure - Leave to Defend - Dismissal of Application - Code of Civil Procedure, 1908, Order XXXVII Rule 3 - The court found that the allegations made by the Petitioner regarding the cheque were without foundation and did not disclose any triable issue. The court upheld the dismissal of the application for leave to defend, affirming that the defence raised was not plausible and lacked corroborative evidence (Paras 1-10).
Issue of Consideration
Whether the learned District and Sessions Judge, Delhi, rightly dismissed the Petitioner’s application for leave to defend the suit filed by the Respondent.
Final Decision
The Supreme Court dismissed the Special Leave Petition, affirming the dismissal of the Petitioner’s application for leave to defend the suit, finding no triable issues.
Law Points
- Order XXXVII
- Code of Civil Procedure
- 1908
- dishonour of cheque
- triable issues
- summary procedure
- leave to defend
