( 1 ) BY this application the Defendant has prayed for the grant of leave to defend the present summary suit filed under Order XXXVII of the Code of Civil procedure (hereinafter referred to as, the Civil Procedure Code ). It is contended by the Defendant that out of the contracted sale consideration of approximately Rs. 25 lakhs the defendant has already paid approximately Rs. 19 lakhs, at which stage it was discovered that the software supplied by the Plaintiff was defective. It is submitted that at this juncture the Plaintiff offered to supply another software programme but by that time the Defendant had already incurred damages stipulated in its contract with the party to whom the software had to be supplied. Each party knew of the other, as well as their respective contractual obligations. It was also argued that Order xxxvii of the Civil Procedure Code. was not attracted as no written agreement is available for reliance viz a viz the summary suit. Territorial jurisdiction was assailed on the foundation that the Purchase Order dated 2nd August, 1994 was issued by the Defendant for supply to be effected in Cochin, and no part of the cause of action had arisen in D