( 1 ) PLAINTIFF has filed the Suit for recovery of rs. 5,78,931. 00 under Order XXXVII of the Code of Civil procedure. It is mentioned that the Suit is based on cheques given by the defendants to the plaintiff. Some of these cheques on presentation were dishonoured and some of the cheques were not presented at all. On summons of Judgment having served upon the defendant, the defendant. moved this IA seeking unconditional leave to defend.

( 2 ) IN the Suit it is mentioned that defendant who is the sole proprietor of Supriya Fashion used purchase the fabrics from the plaintiff-Company against transaction defendants purchased cloth worth several lakhs of rupees from the plaintiff-Company and made certain payments against the same. As on 20/1/1999 a sum of Rs. 560059. 00 became due and against this payment defendant issued number of cheques. The goods in question against which this sum became due are covered by challans dated 12/6/1997, 20/6/1997. 22/8/1997, 5/9/1997. 17/9/1997, 1/11/1997, 3/11/1997, 12/11/1997, 29/11/1997, 18/6/1998, 20/11/1998, 4/12/1998, 20/11/1999 and 30/1/1999. These goods were received by the defendant against receipt thereof and to cover up this liabi