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1952 Supreme(Bom) 66

CHAGLA, GAJENDRAGADKAR
Dewanchand and Sons – Appellant
Versus
Dora Amy Few – Respondent


Advocates:
M.P. Amin, Advocate General with R.M. Dalai, for Appellants; A.A. Peerbhoy, for Respondent.

Judgement

CHAGLA, C.J. :- This appeal arises out of a summary suit filed by the plaintiff. On a summons for judgment taken out by her, the learned Judge made an order granting leave to the defendants to defend on certain conditions. In appeal it has been contended by the Advocate General that apart from the question of merits the summons for judgment is bound to fail as it does not comply with the provisions of R.211. Rule 211 provides that if the defendant enters an appearance, the plaintiff shall, on affidavit made by himself, or by any other person who can swear to the facts of his own personal knowledge verifying the cause of action and the amount claimed, and stating that in his belief there is no defence to the action, apply by summons for judgment returnable within a certain period. Therefore, the application of the plaintiff for summons for judgment is conditional upon an affidavit being filed as laid down under R.211. The affidavit can be by the plaintiff himself or it can be by any other person, but if it is by any other person, then that other person must be in a position to swear to the facts of his own personal knowledge. In this case the affidavit contemplated by R.211




























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