NAWN ESTATES PVT. LTD. Vs. MAHESWARY ISPAT LTD.

JUDGEMENT

(1.) The suit is filed under Order 37 of the Code of Civil Procedure, 1908. The suit is based on a dishonoured cheque claimed to have been issued by the defendant to the plaintiff towards payment of price of goods sold and delivered. The summon in the prescribed form was issued on 17th April, 2013 giving 10 days time for the defendant to enter appearance and file written statement. The said summon was duly served upon the defendant on July 2, 2013 as it appears from the endorsement made on the reverse of the writ of summons.

(2.) Although, the plaintiff is not obliged to adduce any evidence and could have claimed a decree on the basis of a strong presumption which is attached to the Sec. by reason of Order 37 Rule 2(3) of the Code of Civil Procedure, witness was present in Court on September 2, 2013 and adduced evidence on behalf of the said plaintiff.

(3.) The plaintiff has relied upon and produced the following documents in support of its claim namely: