The central legal point established in the judgment is the requirement for the respondent to prove the damages suffered and the conditions for granting leave to defend under Order XXXVII of the CPC.

1. It is noticed that, vide order dated 06.01.2015, the impugned judgment and decree was stayed. The record shows that the respondent/ plaintiff had filed a suit under Order XXXVII of the code of Civil Procedure, 1908 (in short the CPC). The trial court has decreed the suit.

2. This is an appeal against the judgment and decree dated 21.11.2014, passed by the learned Additional district Judge (ADJ). By the impugned judgment the learned ADJ has dismissed the appellant’s/ defendant’s application for leave to defend.

3. The case set up by the respondent / plaintiff, broadly, is that, it is, inter alia, in the business of providing aerial work platforms and access equipments, such as, Scissor Lifts, Boom Lifts and aerial work, on rental basis (here after collectively referred to as equipments unless specially adverted to, otherwise).

3.1 It is, therefore, averred by the respondent / plaintiff that equipments were supplied to the appellant / defendant on rental basis, in respect of which, invoices were raised from time to time.

4. It is the case of the respondent / plaintiff that eight (8) invoices were raised between 2.11.2011 and 2.12.2011; the details of which are given in paragraph 7 of the plaint total amounting to Rs.3,37,244/-.

5. It is the stand of the respondent / plaintiff that, at a point in time when, the use of the equipments was over, the equipments supplied to the appellant / defendant, were retrieved.

5.1 On retrieval, the respondent / plaintiff noticed that out of equipments supplied, certain equipments, were either damaged or had missing parts and / or components.

5.2 In respect of the said equipments, challans were generated which, according to the respondent / plaintiff, were counter signed by the site offical of the appellant / defendant.

5.3 In view of the aforesaid circumstance obtaining, the respondent / plaintiff placed three (3) additional bills, the details of which are given in paragraph 8 of the plaint. These three (3) invoices, which are of even date, i.e. 31.03.2012, are for an amount of Rs.3,22,578/- and are titled “damaged / missing parts”.

6. The respondent / plaintiff further avers that the appellant / defendant did not pay the sums, which were due and payable against the services/ rental charges as also against the three invoices which were served upon it, with regard to damaged and missing parts. The only amount which was paid against the eleven (11) invoices, referred to in the plaint, was a sum of Rs.1,65,270/-.

7. Therefore, the respondent / plaintiff being aggrieved by the fact that the appellant / defendant had not paid the entire amount duly served, apparently, upon it, a demand notice dated 19.07.2013.

8. By virtue of the said notice, respondent / plaintiff demanded a sum of Rs.4,94,552/- along with interest at the rate of 18% per annum, payable from the date mentioned on each of the said invoices.

9. To be noted, the sum of Rs.4,94,552/-, is a summation of the amounts due against the eight (8) invoices, referred to in paragraph 7 of the plaint, and the three (3) invoices, referred to in paragraph 8 of the plaint, after adjusting a sum of Rs.1,65,270/-.

10. It is in this background that the respondent / plaintiff instituted the suit, from which, the present appeal arises. The suit was instituted on 03.02.2014. The amount claimed in the suit is Rs.6,58,202/-, which includes the sum of Rs.4,94,552/- i.e. the principal amount alongwith interest at the rate of 18% per annum, spanning the period 01.04.2012 till 31.01.2014. The interest was, accordingly, crystallized at Rs.1,63,650/-.

10.1 The sum total of the principal and the interest is the suit amount, which is, a sum of Rs.6,58,202/-.

11. Upon institution of the suit under Order XXXVII of the CPC, summons for judgment were issued, whereupon, the appellant / defendant, filed its application for leave to defend.

12. In the application, the appel