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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