KULDEEP CHAND KANWAR Vs. GOVIND SHARMA

JUDGEMENT

(1.) Present application is filed for conversion of summary civil suit into regular civil suit. Brief facts of the case as pleaded are that plaintiff filed a summary suit for recovery of Rs.33,53,542/- being principle amount and interest and also sought relief of pendente lite future interest @ of 18% per annum till actual realization on the basis of cheque No. 989471 dated 22.7.2010 for a sum of Rs. 26,40,585/- which was dishonoured and was not encashed. Plaintiff also filed proceedings under Section 138 of the Negotiable Instrument Act which is pending adjudication before learned Judicial Magistrate Ist Class Shimla registered as case No.3973-3 of 2010. In civil suit No. 4027 of 2013 present application filed on behalf of plaintiff for conversion of summary suit into regular suit. Present application is converted as application under Order 6 Rule 17 CPC in the ends of justice because it is well concept of law that relief should not be declined to the parties simply on the ground that wrong section was mentioned in the pleadings. It is further pleaded that defendant has filed written statement without obtaining leave of the Court to defend the case as mentioned under Order 37 of the Code of Civil Procedure 1908. Prayer for acceptance of application sought.

(2.) Per contra reply filed on behalf of nonapplicant/defendant.

(3.) Court heard learned Advocate appearing on behalf of the applicant/plaintiff and learned Advocate appearing on behalf of non-applicant/defendant and also perused entire records carefully.