DARSHAN MEKANI Vs. AMAN KHEMKA

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. The summon in the prescribed form was served upon the defendant by postal service on 10th December, 2015 and by Bailiff on 14th December, 2015.

(2.) The defendant, however, did not enter appearance within the period of ten days from the date of service of summons and instead had filed an application for leave to defend after the expiry of the statutory period. The said application, however, was not pursued and was ultimately dismissed for default. However, the instant application was filed prior to the application filed for extension of time to enter appearance in the suit.

(3.) At this stage, the question arises as to whether the defendant would be entitled to be heard on this question. Mr. Sabyasachi Chowdhury, learned counsel appearing on behalf of the defendant/applicant submits that notwithstanding the dismissal of the application for extension of time to enter appearance and file written statement, the Court is required to be satisfied that the Court has jurisdiction to try the suit as a summary suit. In other words, it is contended that irrespective of the appearance of the defendant in the suit, the Court needs to be satisfied that it comes within the purview of Order 37 of the Code of Civil Procedure.