JUDGMENT :

YOGESH KHANNA, J.

1. This appeal is preferred by the appellant/plaintiff against the order dated 07.01.2019 passed by the learned Additional District Judge-4/ South-West District, Dwarka Courts, New Delhi (hereinafter referred as the learned ‘Trial Court’) in CS No.18/2019 whereby the suit of the appellant under Order XXXVII CPC for recovery of Rs.4,71,320/- against the respondent/defendant was dismissed in limine.

2. The brief facts are:

(a) on 26.05.2018 the Respondent placed purchase order upon the Appellant at Delhi for taking the Appellant's service for branding AC bus with effect from 27.05.2018 for a period of one month at the rate of Rs.78,000/- excluding GST per bus per month;

(b) on 02.07.2018 being satisfied by the Appellant's services, the Respondent placed another purchase order dated 02.07.2018 for continuing the above-mentioned services for another period of one month;

(c) on 17.07.2018 in order to discharge the Respondent's liability as per purchase order dated 26.05.2018, the Respondent issued a cheque bearing no.000003 dated 17.07.2018 of Rs.3,68,160/-, drawn on Punjab & Sind Bank, Branch New Alipore, Kolkatta in favour of the Appellant. However, the Responde