ARUN JAITLY Vs. ISHWAR INDUTRIES LIMITED

JUDGEMENT

(1.) The plaintiff has filed a suit under Order 37 of the Code of Civil Procedure against the defendants for recovery of Rs. 28,30,000.00.

(2.) The learned Registrar vide order dated 25th May, 1990 observed that this suit has been filed under Order 37, Code of Civil Procedure, on the basis of Memorandum of Understanding. According to the learned Registrar Order 372) (c), Code of Civil Procedure, can be invoked in these categories of suits in which the plaintiff seeks recovery of a debt or liquidated demand in money payable by the defendant with or without interest, arising out of a written contract. The learned Registrar further observed that this Memorandum of Understanding does not fall within the purview of Order 37 (2) (b), Code of Civil Procedure. The learned Registrar registered the plaintiff's suit as an ordinary suit and issued summons to the defendants.

(3.) The plaintiff aggrieved by the order of the Registrar filed an appeal (O.A.13/90). The appeal was decided by R.L. Gupta, J. He accepted the appeal and directed that the suit be registered under Order 37 and summons be issued to the defendants. The defendants have entered their appearance and filed leave to defined applications.