S.B. Sinha, J.

Correctness of a Division Bench decision of this court in M/s. Merchants of Traders (P) Ltd. vs. M/s. Sarmon Pvt. Ltd., reported in 1997(1) CHN 287 having been doubted by another Division Bench consisting of Ruma Pal, J. (as she then was) and Basudeva Panigrahi, J., reference has been made to this Bench to consider as to whether an appeal is maintainable in terms of Clause 15 of the Letters Patent of this court against grant of conditional leave to defendant to defend the suit in terms of Order 37 Rule 5 of the Code of Civil Procedure.

2. The basic fact of the matter required to be taken note of for disposal of this matter is as follows :-

3. The appellants had purchased goods from respondents on diverse dates and sought to pay therefor by account payee cheques drawn in plaintiffs favour which were dishonored by the Banks on the grounds; "Refer to drawer", "Insufficient Fund", "Payment stopped by the drawer".

4. The plaintiff, therefore, filed a suit for recovery of a sum of Rs.11,57,872.80 p which became payable to him towards the price of goods sold keeping in view the dishonoured cheques together with interest. The plaint was filed in terms of Order 37 of the