JOZI BASHIR ASHAWARI Vs. IRSHAD AHMAD KUCHAY

JUDGEMENT

(1.) LEAVE to defend granted unconditionally in terms of Order 37, Rule 3(5) CPC is under challenge.

(2.) LEAVE to defend granted is claimed to be based particularly on allegations contained in FIR lodged on 14.12.2004 when cheques has been issued on 07.03.2005, the trial court, as such, has not applied its mind, therefore, order impugned has resulted in miscarriage of justice.

(3.) IT is contended that no plausible defence was available to the respondent (defendant) therefore, suit should have been decreed which would advance the object of instituting the summary suit under Order 37 CPC.