ARUNA HOTELS LTD Vs. AKMAL JAN

JUDGEMENT

(1.) THE respondent/plaintiff filed Suit in O.S.No.7332 of 2006 on the file of the XVIII Assistant City Civil Court, Chennai for recovery of Rs.1,25,537/- from the petitioner/defendant.

(2.) THE plaintiff is carrying on business as suppliers of floor coverings like carpets, laminated wooden flooring etc., to various reputed companies and the plaintiff got orders from the defendant for the supply of laying of carpets in its Hotel. Plaintiff raised two invoices dated 30.09.2004 and one on 28.10.2004 totaling a sum of Rs.2,25,537/-, for which the defendant paid a sum of Rs.1,00,000/- on 21.09.2004 as advance and remaining of Rs.1,25,537/- is kept unpaid. Inspite of the letters, reminders and Advocate Notice, the defendant has not paid the amount. Hence the suit is filed in the summary procedure of C.P.C.

(3.) IT is to be seen whether any triable issue has surfaced in this case to grant unconditional leave to defend, in favour of the defendant. If the defendant, on any prior occasion or after filing of the suit has admitted the claim of the plaintiff directly or otherwise, then the court may consider whether it could reject the request of the defendant. But in case on scrutiny of the pleadings and other records before the court, if it finds that the recording of oral evidence and full fledged trial or enquiry on factual aspects and also on the legal position are felt inevitable, then the Court can grant such leave as prayed for. In the said process, the Court is not expected to form nor to express any opinion or decision on such question before ever the evidence is introduced in the case. IT could not be a fair approach on the part of the Court to divulge an opinion as to the facts and proposed evidence to be adduced before the Court and justice could not be rendered.