INDERJIT SEHDEV Vs. RAM SINGH

JUDGEMENT

(1.) In this revision petition the petitioner challengesthe order of the learned Subordinate Judge refusing leave to the defendant todefend the suit filed by the plaintiff for recovery of Rs. 3,100.00. The suit hadbeen filed under 0. 37 of the Civil P.C. on the plea that the defendant issueda cheque for Rs. 3000.00 on 7/07/1978, in full and final settlement to theplaintiff who is a building contractor, after the completion of the house of thedefendant which cheque, on presentation on 15/07/1978 was dishonouredand as per the endorsement by the bank it was referred to the drawer. Thedefence taken on merits by the defendant in his application was that on 7/07/1978 when the cheque in question was issued to the plaintiff he had still tocomplete the building work to the tune of about Rs. 4,000.00. The said chequefor Rs. 30CO.00 had been paid on account by the defendant to the plaintiff onthe undertaking that the unfinished work would be completed by 15/07/1978 and that the cheque was not to be presented till the work was completed.-In support of his plea that some work was still outstanding, an agreementgiving the details of the outstanding work signed on 15/07/1978 had beenannexed with the application seeking grant of leave.

(2.) The learned Trial Court, while rejecting the application seekingleave to defend the suit, had found that the cheque in question was issued bythe defendant for the work already done by the plaintiff. On the defenceraised in the application, it has been observed :

(3.) Only two questions arise for consideration in this revision petition.Firstly, whether the order refusing leave to defend in a suit filed under 0. 37of the Civil P. G. can be revised under S. 115 of the Civil P. G. and secondlywhether the Trial Court has exercised its jurisdiction illegally or with materialirregularity in refusing to give leave to the defendant.