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1978 Supreme(Guj) 112

B.K.MEHTA
KHALID IBRAHIM BEG – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates Appeared: AKSHAY H.MEHTA, G.K.SUKHVANI, GIRISH PATEL

B. K. MEHTA, J.

( 1 ) A short but interesting question arises in this revision application as to what are the correct principles which govern the grant or refusal of leave to defend summary suits in context of the amended provisions of Order 37 Rules 1 and 3 of the Civil Procedure Code. The question arises in the following circumstances: the plaintiff-Bank which is opponent No. 1 before me filed Summary Suit No. 2672 of 1977 on August 16 1977 against the petitioners and respondent Nos. 2 3 and 4 therein for recovery of Rs. 5 83 28 Ps. being the amount due and payable at the foot of the various accounts viz. Demand Cash Credits Factory Type); Demand Cash Credit (Machinery Type); Medium Term Loan A/c against machinery and Demand Cash Credit against book debts which accounts were opened in course of certain facilities provided by the plaintiff-Bank to petitioner No. 2 which was a firm at the relevant time of the suit transactions. The plaintiff-Bank has also prayed for interim injunction by taking out a Notice of Motion in the said suit at the time of filing the suit restraining the petitioners and respondents Nos. 2 to 4 herein from dealing with or disposing of the properties movable








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