N P JAIN Vs. MOTILAL GUPTA

JUDGEMENT

(1.) This is an application under Order XXXVII Rule 5 of the Code of Civil Procedure (in short the 'CPG') filed by the defendant No. 1.

(2.) The case of the plaintiff in the suit is for recovery of Rs. 58,47,428.00 (Rs. Fifty Eight Lacs Forty Seven Thousand Hundred Twenty Eight only with interest). The substratum of this suit is based upon the following averments:-

(3.) The aforesaid averments led to the present suit filed under Order XXXVII CPC based upon the dishonoured cheque dated 28th July, 2000 for a sum of Rs. 58,47,428/- which was bounced.