P. N. BHAGWATI, N. K. VAKIL, J.

( 1 ) THIS Revision Application is directed against an order passed by the City Civil Court Ahmedabad granting leave to the first defendant to defend the suit on condition of depositing a sum of Rs. 1 0 within two weeks from the date of the order. The suit was filed by the plaintiff against defendants Nos. 1 and 2 to recover a sum of Rs. 2 0 being the amount due under a cheque dated 22nd September 1963 drawn by the second defendant in favour of the first defendant and endorsed by the first defendant in favour of the plaintiff. The cheque was delivered by the first defendant to the plaintiff on 11th September 1963 and against the cheque the plaintiffs paid a sum of Rs. 2 0 to the first defendant. The cheque was thereafter presented by the plaintiff for payment on 22nd September 1963 but the cheque was dishonoured by the Bank by nonpayment. The plaintiff therefore filed the present suit to recover the amount due under the dishonoured cheque together with interest and costs The suit was filed as a summary suit since it was based on a negotiable instrument and after the defendant filed his appearance the plaintiff took out a summons for judgment for a dec

Click Here to Read the rest of this document