SRIKRISHNA TEXTILES Vs. HARIPRIYA TEXTORIUM

JUDGEMENT

(1.) The Plaintiff in O.S.No. 2170/89 on the file of the IV Additional Judge, City Civil Court, Hyderabad is the petitioner herein, who is questioning an order made in I.A.No.919/90 granting unconditional leave to the respondents-defendants to contest the suit filed under Summary procedure.

(2.) The suit was filed for recovery of Rs. 56,238-29 Ps. together with interest, being the amount due in respect of certain cloth sold and delivered on credit basis. The respondents made part payments and the suit is laid for the balance. It is stated that the first respondent is the firm of which the second respondent is the proprietor; while the third respondent is his wife. The respondent Nos.2 and 3 executed a letter dated 23-2-1987 wherein, the second respondent admitted his liability in a sum of Rs.56,625-89 Ps. for which the third respondent also gave security. Therefore, the suit is filed under Order 37, Rule 1 C.P.C. The respondents objected contending that the suit is not maintainable under summary procedure.

(3.) The lower Court by its order dated 1-2-1991 upheld the objection and held that in as much as there is no written contract, nor the liability can be said to have arisen under any enactment or on any guarantee and the suit is not maintainable on the summary procedure and accordingly, directed that the suit shall be tried on the regular side. This order is challenged in this revision.