ALTISH BOSE Vs. EAST INDIA HOTELS LIMITED

JUDGEMENT

(1.) This is defendants revision against order passed by the trial Court on plaintiffs summons for judgment directing the defendant, as a condition of leave to defend the suit, to deposit a sum of Rs. 20,000/-

(2.) Considering the impugned order in the light of the plaint and the affidavit-in-support of the summons for judgment as also the affidavit-in-reply thereto, there can be no doubt that such a suit cannot be a summary suit at all. More than one triable issue arises in the present suit. This is not a suit based upon any promissory note or a bill of exchange but a suit claiming damages for breach of an agreement, several terms whereof will have to be constructed and interpreted by the Court in the light of the evidence that will be led at the suit. In the circumstances, the defendant is entitled to unconditional leave. Hence Order :

(3.) This revision is allowed. The impugned order dated 29th July, 1985 passed by the trial Court on plaintiffs summons for Judgment No. 245 of 1985 in their Summary Suit No. 4752 of 1984 is set aside. Unconditional leave to defend the suit is granted to the defendant. Written statement should be filed by the defendant within eight weeks of the writ hereof reaching the trial Court. The trial Court to issue all other necessary directions in the suit. The suit to be heard on merits and in accordance with law.