N B DHARGALKAR Vs. SUVARNA INDUSTRIES

JUDGEMENT

(1.) THE appellant is the original defendant. He has preferred the present appeal seeking to impugn the judgment and decree passed on October 6, 1987 by the learned Civil Judge, Senior Division, Quepem, in Special Suit No. 43 of 1986. Under the decree the defendant has been directed to pay the plaintiff a sum of Rs. 71, 432/- with interest at 18% per annum from the date of the suit till actual payment. He has also been directed to pay the costs of the suit.

(2.) THE suit was filed on December 18, 1986 under the provisions of Order XXXVII, Rule 1 of the Code of Civil Procedure which provides for filing of summary suits. After the suit summons was served the defendant caused his appearance to be filed on March 23, 1987. The plaintiff on April 14, 1987 filed an application for summons for judgment. On August 10, 1987 the defendant filed an application for leave to defend. By the impugned judgment and decree leave to defend is refused and the decree prayed for in the suit is passed. Aggrieved by the said decree the defendant has preferred the present appeal.

(3.) MR. Diniz, learned Counsel appearing on behalf of the defendant, has submitted that the trial Court had no jurisdiction to entertain and try the present suit under the provisions of Order XXXVII, Rule 1 of the Code. He has pointed out that the aforesaid provision has undergone an amendment which has come into force with effect from April 1, 1987. Whereas Order XXXVII, Rule 1 in so far as is relevant for the present inquiry prior to its amendment read as under :---