SURESH SHOKEEN Vs. BABLI

JUDGEMENT

(1.) INGENUITY of persons who take loans and thereafter use every conceivable means to dispute and deny return of loans is replete in various litigations in this country. The present appeal is one such litigation.

(2.) WHAT is urged on behalf of the appellant/defendant that the impugned judgment and decree passed in the suit filed under Order 37 of the Code of Civil Procedure, 1908 (CPC) by dismissing leave to defend application is liable to be set aside as the suit was not maintainable under Order 37 CPC inasmuch as the cheque in question was not issued by the appellant/defendant, is missing out a vital aspect of law that consideration payable under a contract need not flow only between parties to a contract.

(3.) TRIAL Court has made the following observations in the impugned judgment for dismissing leave to defend application:-