Pradeep Nandrajog, J.

( 1 ) THIS is a suit under Order XXXVII of the Code of Civil Procedure praying for a decree in the sum of EURO 56572 together with interest @ 18% per annum in favour of the plaintiff and against the defendant. Suit is based on two invoices, identical worded, save and except quantity and description of material and the amount payable. Leave to defend is sought by and under IA No. 5607/2004.

( 2 ) RAISING of the two invoices dated 9. 5. 2000 and 13. 9. 2000 is admitted by the defendant. Receipt of goods under the two invoices has been admitted by the defendant.

( 3 ) GROUNDS on which leave to defend the suit is prayed are two: (i) That an invoice is not a document which falls within the ambit of order XXXVII Rule 2 of the Code of Civil Procedure, and (ii) Goods supplied were defective and of sub-standard quality.

( 4 ) PLEAS have been taken in the application for leave to defend pertaining to the authorization in favour of Dr. Cosima Paul who has signed the suit and verified the pleadings on behalf of the defendant but during arguments said plea was not pressed by the Counsel for the defendant.

( 5 ) AS per the suit, plaintiff supplied the goods described in the

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