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1972 Supreme(Del) 94

S.N.ANDLEY
GAINDA MULL HEM RAJ – Appellant
Versus
ARORA BROTHERS – Respondent


Advocates Appeared:
M.M.MADAN, S.S.Chadha

S. N. ANDLEY

( 1 ) THIS revision is directed aoninst the order dated April 5, 1969 of the Subordinate Judge 1st Class. Delhi, by which he "ranted to resnondent No. 2 (original defendant No. 2) unconditional leave to defend suit No. 151 oi 1969 which had been filed by the petitioners oil the foot of three dishonoured cheques under Order 37 of the Code of Civil Procedure. Defendant No 1 in the suit was M/s. Arora Brothers of which G. D. Arora. defendant No. 2, was alleged to be the proprietor. The plaint in this suit was presented on February 6, 1969. The allegation in the plaint was that the petitioners had supplied certain goods to the respondents at New Delhi in respect of which three cheques had been given by the respondents which on being presented to the bankers were returned with the remarks "refer to drawer".

( 2 ) ON or about February 10. 1969, the petitioners filed an application under Order 39. rules I and 2 and section 151 of the Code of Civil Procedure referring to the suit and praying that the respondents be restrained by an injunction from transferring their shops and the furniture installed therein at Delhi and Meerut till the disposal of the suit. This application cam










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