ORDER

I.A.13110/2019 in CS(OS) 297/2019

1. The plaintiff filed the captioned suit for recovery of Rs.4,96,00,000/ along with interest @ 9% per annum from 20.08.2014. The suit has been filed on the basis of two agreements dated 23.03.2013 and 20.08.2014.

2. Present application has been filed by the applicant/defendant under Order XXXVII Rule 3(5) of the Code of Civil Procedure, 1908 seeking grant of leave to defend the suit.

3. It is averred in the present application that the suit does not fall within the ambit of Order XXXVII CPC and it does not fall in any of the classes/ category as envisaged in clause (2) of Rule (1), of Order XXXVII CPC.

4. Mr.Mahavir Singh, learned senior advocate appearing on behalf of the applicant/defendant submitted that in order to invoke the special summary procedure as provided under Order XXXVII CPC, a simple money transaction is not sufficient but something more is required within the four corners of CPC and all and every money transactions cannot become the basis of claim under the said provision. The defendant has substantial question on facts which can only be adjudicated after leading evidence and cannot be decided in summary manner.

5. In