Suraj Bohra vs Smt.Savita Batra on 18 July, 2008

             S.B. CIVIL REVISION PETITION NO.76/2008
                   Suraj Bohra Vs. Smt. Savita Batra

Date of order                     :            18th July, 2008
                                 PRESENT
             HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. R.S. Mankad for the petitioner.
                               ---------
1.             Heard learned counsel.
2.             This revision petition is directed against the order dated
5.10.2007 whereby the learned trial court allowed the application
under Section 37 Rule 3(5) giving leave to defend to the defendant in
summary suit for recovery filed by the plaintiff.
3.             The learned counsel for the petitioner specifically
submits that merely writing in the application that the defendant had
given a cheque of Rs.60,000/- to the plaintiff without giving the
cheque number etc. it was not sufficient ground to claim leave to
defend and the learned trial court has erred in using its discretion to
grant leave to defend in such circumstances.
4.             This Court is of the opinion that it is open to defendant to
give necessary particulars in his written statement and prove the said
facts. The averment by itself cannot be taken to be insufficient so as
to reject the application for leave to defend.            The discretion
admittedly lies with trial court to grant leave to defend in its wisdom
and, therefore, the said discretionary order does not call for any
interference under Article 227 of the Constitution of India.
5.             The writ petition is devoid of merit and the same is
rejected.
                                        [ DR. VINEET KOTHARI ], J.

item No.10
babulal/-