1982 Supreme(AP) 288

Andhra Pradesh High Court
Judges : YOGESHWAR DAYAL
Syed Moosa Emami - Appellant
Versus
Sunil Kumar Gilani - Respondent
C.B.No.332/1982
Decided On : 08-23-82
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Headnote:CPC Or37, R1 (2) Summary applies procedure – Applicability – It to suits based an cheque - what is,

       Held: For a suit to be based on cheque the cheque must be in favour of plaintiff When somebody files a suit on the basis of bill of exchange, hundies or promissory notes the documents are annexed with the plaint and are drawn in favour of the plaintiff or endorsed in his favour

       Where the cheques on the basis of which the suit was allegedly filed had already been honoured by the bankers of the plaintiff and were in favour of the defendant-respondents and the money was utilised by the defendants, the suit could not be called a suit based upon a cheque It was in fact based on loan transaction To such a suit the provisions of Order 37, Rule 1 would not apply