RASILABEN SURESHBHAI SHAH Vs. GIRISH SHAH

JUDGEMENT

(1.) IN this petition under Article 227 of the Constitution, the petitioners - original defendants, heirs of deceased - Sureshbhai Ramanbhai Shah have challenged the order dated 31. 12. 1999 of the learned Civil Judge (S. D.), Baroda granting conditional leave to defend in Summary Special Suit No. 328 of 1997.

(2.) THE respondent herein, Girish Shah filed Summary Special Suit No. 328 of 1997 for a decree for the sum of Rs. 1,63,734/- being the amount of price of goods supplied by the plaintiff to the deceased for which the deceased had issued two cheques as per the following particulars :-Cheque dtd. 15. 04. 1996 Rs. 43,146/-" " 23. 04. 1996 Rs. 80,690/-TOTAL rs. 1,23,836/- (+) Interest 24% p. a. from 24. 11. 1995 to 31. 03. 1997 Rs. 39,898/-TOTAL rs. 1,63,734/-

(3.) IT is the case of the plaintiff that the plaintiff had supplied to the deceased goods worth Rs. 1,73,836/- and against the same, the deceased had paid Rs. 50,000/- by cheque dated 24. 11. 1995 and that is how the balance amount of Rs. 1,23,836/- with interest thereon was payable by the deceased to the plaintiff. When the plaintiff presented the aforesaid cheques dated 15. 04. 1996 and 23. 04. 1996, the cheques were dishonoured but before the said fact could be intimated to the deceased, the deceased expired on 26. 04. 1996 and therefore, the plaintiff filed the above-numbered Summary Suit against the present petitioners who are the legal heirs and representatives of drawer of cheque - deceased Sureshbhai Ramanbhai Shah.