CM No.47824 of 2016 (exemption):

Allowed subject to all just exceptions.

CM(M) No.1377 of 2016 and CM No.47823 of 2016 (stay):

Jayant Nath, J.—The petitioner is aggrieved by order dated 6.12.2016 by which a suit filed by the petitioner was not treated as a suit under Order XXXVII. C.P.C.

The learned Senior Counsel appearing for the petitioner has taken me through the plaint and has submitted that on 4.2.2015 the respondent towards the repayment of the loan amount advanced to him by the plain- tiff alongwith interest accrued thereon had tendered two cheques of Rs. 4 lac and 6 lac. respectively. These cheques when presented, the same were returned unpaid with the remarks “Account Closed”. He submits that as the cheques have been given, the suit is covered under Order XXXVII of the C.P.C.

2. A perusal of the impugned order shows that there is no reference to the said cheques. The Trial Court has merely come to the conclusion that there is no proof of disbursement of the amount and hence declined to consider the suit under Order XXXVII of the C.P.C.

3. Order XXXVII, Rules 1(2) and 2, C.P.C. reads as follows:

“37. (1) Courts and classes of suits to which the Order is to apply.