RAJESH ARORA Vs. MUKESH JAIN

JUDGEMENT

(1.) This is a suit for recovery of money under the provisions of Order XXXVII of the Code of Civil Procedure (hereinafter referred to as the Code).

(2.) The order provides for a summary procedure in respect of certain suits. As per this procedure the defendant is at first instance required to enter into appearance within 10 days of the service of summons of the suit.

(3.) Having entered into such an appearanee, defendant is again served with the summons for judgment. He is, within ten days of the service of such summons, required to seek leave to defend himself. The defendant is entitled to leave to defend only when it discloses such facts that give rise to triable issues or that will put onus upon the plaintiff to prove consideration. Thus, in like ordinary suits, defendant is not entitled to defend as of right. The underlying object of this procedure is to prevent obstruction by the defendant who has otherwise no defence.