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T. L. VENKATARAMA AYYAR, A. K. SARKAR, S. R. DASS, VIVIAN BOSE
Santosh Kumar – Appellant
Versus
Bhai Mool Singh – Respondent
Judgment
BOSE, J. : The defendants, Santosh Kumar and the Northern General Agencies, were granted special leave to appeal. The plaintiff filed the suit out of which the appeal arises on the basis of the cheque for Rs. 60,000 drawn by the defendants in favour of the plaintiff and which, on presentation to the Bank, was dishonoured.
2. The suit was filed in the Court of the Commercial Subordinate Judge, Delhi, under O. 36 of the Code of Civil Procedure. 323
3. The defendants applied for leave to defend the suit under R. 3 of that Order.
4. The learned trial Judge held that
"the defence raised by the defendants raises a triable issue".
but he went on to hold that the defendants
"have not placed anything on the file to show that the defence was a bona fide one."
Accordingly, he permitted the defendants
"to appear and defend the suit on the condition of their giving security to the extent of the suit amount and the costs of the suit."
5. The defendants applied for a review but failed. They then applied under Art. 227 of the Constitution to the Delhi Circuit Bench of the Punjab High Court and failed again. As a result, they applied here under Art. 136 and were granted special leave.
6. At first bl
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