Supreme Court · 1976 INSC 276 · Decided 1 November 1976

Mechelec Engineers and Manufacturcrs v. M/S. Basic Equipment Corporation

Court
Supreme Court of India
Citation
1976 INSC 276 · [1977] 1 S.C.R. 1060
Case number
CIVIL APPEAL No. 508/1976
Decided
1 November 1976
Bench
A.N. RAY, M. HAMEEDULLAH BEG, JASWANT SINGH (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 115

Headnote

Civil Procedure Code, S. 115-Jurisdiction of High Court to interfere with the Trial Court's discretionary order, when exercisable. •• The appellant issued the respondent a cheque which was dishonoured. The respondent alleged•that the cheque• was the consideration for goods but denied by privity of contra~. The respondent filed a suit under order 37 C.P.C., and the appellant applied for the required leave to defend, which was granted by the trial Court unconditionally. On revision under section 115 C.P.C., the High Court held that triable· issues arose for

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