BADAR DURREZ AHMED, J.

( 1 ) THIS is an application filed under Order XXXVII Rule 3 (5) of the code of Civil Procedure, 1908 (hereinafter referred to as `the CPC ) on behalf of defendants No. 1 and 2 seeking leave to defend. The plaintiff had filed this suit under Order XXXVII Rule 1 based upon four cheques which had been issued by the defendant No. 2 in favour of the plaintiff. The averments contained in the plaint disclose that the plaintiff is engaged in the Import and Export of precious metals. The defendants No. 1 and 2 are in the jewellery business. It is everred that the plaintiff and the said defendants have had dealings for some time and they have a running account between them. Defendant Nos. 3 and 4 were directed to be deleted from the array of parties by an order of this Court on 14. 11. 2005. The reason being that the defendant No. 1 is not a partnership firm as alleged in the plaint but a proprietorship concern of which the defendant no. 2 is the sole proprietor.

( 2 ) IT is the plaintiff s case that the defendant Nos. 1 and 2 placed an order upon the plaintiff for supply of gold bars totaling 700 tolas. According to the plaintiff, these 700 tolas of gold bars were su

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