2021 MLD 1473
Suit for recovery of money--- Object, scope and purpose---Real benefit of suit under O.XXXVII, C.P.C. is that unless defendant is able to demonstrate a substantial defence in the case, plaintiff is entitled to judgment forthwith---Public policy behind suits under O.XXXVII, C.P.C. is expeditious disposal of suit involving financial matters---In suit under O.XXXVII, C.P.C. till such time leave to appear and defend is allowed, the defendant cannot file any other interlocutory application.
Suit for recovery of money on the basis of negotiable instrument---Leave to defend the suit---Pre- conditions-- Summoning of bank record---Respondent-plaintiff sought recovery of money on the basis of dishonoured cheque--- Application for leave to defend the suit filed by petitioner- defendant was dismissed by Trial Court after consulting record summoned from Bank---Validity---In order to satisfy itself to the contents of leave to appear and defend, the Court was required not to act in a mechanical manner---Trial Court had to apply its judicial mind to the contents of application for leave to appear and defend---Trial Court was not debarred to probe and conduct such inquiry so as to satisfy itself as to the genuineness and plausibility of defence of defendant---Plaintiff in such suit was not debarred to move application for summoning a document in custody of any person which prima facie would establish before Court that defence taken in application for leave to appear in summary suit was sham and illusory---Trial Court rightly summoned record from Bank duly supported by an affidavit to controvert stance of petitioner-defendant--
2021 MLD 1473
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