DHL WORLDWIDE EXPRESS Vs. ASSOCIATED BUYING SERVICES

JUDGEMENT

(1.) The plaintiff has instituted the present suit under Order 37, CPC against the defendant seeking to recover Rs. 27,06,000.00 . The defendant entered appearance in the suit on 6.3.1997 after giving notice of such appearance to the Counsel for the plaintiff. Accordingly, an application was filed in this Court seeking for issuance of summons for judgments to the defendant. Summons for judgment was accordingly issued, on receipt of which the defendant has filed an application under Order 37, Rule 3, Civil Procedure Code along with an affidavit seeking leave to defend the suit. As against the aforesaid application filed by the defendant, the plaintiff has filed its reply and the parties were heard at length on the aforesaid application.

(2.) . The issue that arises for my consideration, at this stage, is whether the defendant could be granted leave to defend the suit and whether the defence sought to be raised by the defendant in the present application could be said to be plausible entitling the defendant to contest the suit as a regular suit.

(3.) .1 have considered the pleadings of the parties and also heard the learned counsel appearing for the parties, at length.