Soumen Sen, J.

1. The suit is filed under Order 37 of the Code of Civil Procedure, 1908. The suit is based on a dishonoured cheque claimed to have been issued by the defendant to the plaintiff towards payment of price of goods sold and delivered. The summon in the prescribed form was issued on 17th April, 2013 giving 10 days time for the defendant to enter appearance and file written statement. The said summon was duly served upon the defendant on July 2, 2013 as it appears from the endorsement made on the reverse of the writ of summons.

2. The defendant is aware of the pending proceeding. The defendant did not enter appearance within the time specified in the writ of summons. The report of the Deputy Registrar dated 30th August, 2013 shows that the defendant has not entered appearance either in person or the advocate dated 29th August, 2013.

3. Although, the plaintiff is not obliged to adduce any evidence and could have claimed a decree on the basis of a strong presumption which is attached to the section by reason of Order 37 Rule 2 (3) of the Code of Civil Procedure, witness was present in Court on September 2, 2013 and adduced evidence on behalf of the said plaintiff.

4.