VALMIKI J. MEHTA, J.

1. By this Order I am disposing of the three leave to defend applications filed by the defendant nos.1 to 3 in the suit. Leave to defend applications are under Order XXXVII Rule 3 sub-Rule 5 of the Code of Civil Procedure, 1908 (CPC). The suit is a suit for recovery of Rs.1,06,89,531.40.

2. Before I turn to the facts of the present case, and pass the present order allowing the leave to defend applications, I must mention certain disturbing and disconcerting facts. It is found that in many cases, which come up in this Court, though the cases are pleaded to have been filed as falling under Order XXXVII CPC, ex facie, the suits ought not to have been filed by these litigants under Order XXXVII CPC. Filing of suits as Order XXXVII suits, though the same are not covered under Order XXXVII CPC result in wastage of precious judicial time, and which in this case has stretched to about four years and around two dozen dates of hearings. It is high time that this unacceptable practice must be stopped.

3. What is Order XXXVII CPC and what are the suits which are filed under Order XXXVII CPC? Order XXXVII CPC was enacted as an exception to the normal procedure under our Constitution and Civil laws, viz. of following the principles of natural justice that a suit has to be decided in accordance with law by allowing a defendant an automatic right to defend the suit, and once there are disputed questions of fact both the parties would lead evidence on the factual issues framed. Once there would be various factual issues which require adjudication and determination, an ordinary civil suit has to be filed and decided as per the ordinary procedure provided in CPC. Order XXXVII CPC was carved out as an exception to the general rule of following the principles of natural justice, because, the subject matter of the said provision deals with are written instruments which on their fact ex facie show existence of liability of the defendants, and such instruments being dishonoured cheques, a written contract of guarantee, or a written contract obliging payment of liquidated amounts. Once such documents existed, which clearly showed prima facie liability of the defendants and an obligation of the defendants to pay such amounts, suits are filed under the exceptional procedure of Order XXXVII CPC that a defendant is not allowed as per the principles of natural justice to automatically contest the suit and the defendants have a right to contest the suit only if they apply and are granted leave to defend the suit on the leave to defend application being filed and allowed. Specific amounts given in the written instruments, therefore, once shown as due and payable by the said written instruments, benefit was given to a person in whose favour the instruments were executed, to file the suits under the special procedure of Order XXXVII CPC. It was never the intention of the framers of Order XXXVII CPC that amounts which have to be arrived at by looking at different documents, different transactions over different dates, entries in the statement of accounts and various other facts so as to arrive at the amounts due which are claimed in the suit, can be claimed by filing an Order XXXVII suit. The object of Order XXXVII CPC is clear and categorical that the amount claimed arises directly and only from a written instrument. Therefore, the applicability of the Order XXXVII CPC cannot be misused by litigants to file a suit which requires the court to go into various documentation, different amounts in different documentation, different amounts in different documentation of different years and periods, and examining the statement of accounts containing balances due which are different than the amounts which are mentioned in the original agreemen