HIRA NAND DHINGRA Vs. CORPORATION BANK

JUDGEMENT

(1.) Admit.

(2.) The petition raises an interesting question of law as to whether a summary suit under Order 37 of the Code of Civil Procedure, 1908 (herein-after referred to as the said Code) can be maintained on the basis of a bank draft which has been dishonoured.

(3.) The petitioner is the plaintiff before the trial court and a bank draft was issued by respondent no.1 at the behest of respondent no.2 who handed over the bank draft to the petitioner for settlement of the charges of the petitioner for services rendered. The bank draft was returned on account of the fact that it was alleged that a duplicate bank draft had been issued. The trial court has held that a summary suit under Order 37 of the said Code is not maintainable in case of a bank draft.