BADAR DURREZ AHMED, J.

( 1 ) THIS application has been filed on behalf of the defendant for rejection of the plaint under the provisions of Order VII Rule 11 read with section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") and, in the alternative, under Order XXXVII Rule 3 (5) of the CPC for grant of unconditional leave to defend. Although the application primarily purports to be under Order VII Rule 11 for rejection of the plaint, the same was not argued before this Court. In any event, nothing has been pointed out so as to warrant the rejection of the plaint under Order VII Rule 11 CPC. Only two questions arise for consideration:-

(1) Whether this suit, which is essentially for recovery of money paid under mistake, can fall under Order XXXVII CPC and be tried as a summary suit" (2) If yes, whether the applicant/ defendant is entitled to unconditional leave to defend"

( 2 ) BEFORE I embark upon a discussion relating to the above two questions, it would be necessary to point out the nature of the suit, as indicated in the plaint. The plaintiff is a bank incorporated under English Law in the United kingdom. There were some dealings between the defend

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