NATIONAL AGENCY Vs. K NANDA GOPAL CHETTY

JUDGEMENT

(1.) THE revision petitioners are the defendants and they question the validity of the suit filed under summary procedure, as the plaintiff, has not complied with the mandatory requirements of the procedure, as contemplated underO.37, C.P.C., 1908.

(2.) THE suit of the plaintiff is for recovery of Rs.1,37,968.60 in respect of the goods sold and delivered to the defendants and the claim is for the definite/ascertained amount and therefore, there is no impediment for the maintainability of the suit.

(3.) THE questions arise in this case are: (1) whether the suit claims, would fall within the categories of the suits as prescribed underO.37, C.P.C. And (2) whether the respondent/plaintiff has complied with all the requirements in filing the suit of summary procedure as required underO.37, C.P.C. especially when the description of the suit is not properly titled, and (3) Whether the trial Court is correct in directing the defendants to pay a sum of Rs.2,00,000, out of the suit claim straight away to the plaintiff, as a condition for permitting them to file a written statement, when the defendants have already furnished security in the application taken out by the plaintiff in I.A.No.13400 of 2003.