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Issues:
1. Granting special leave to appeal based on a dishonored cheque. 2. Application for leave to defend the suit under Order XXXVII of the Code of Civil Procedure. 3. Exercise of discretion by the trial Judge in granting leave to defend the suit. 4. Review and appeal process under Article 227 and Article 136 of the Constitution. 5. Interpretation of rules under Order XXXVII and conditions for granting leave to defend. 6. Principles of natural justice in exercising judicial discretion. 7. Application of the "triable issue" test in determining the validity of the defense. 8. Imposition of conditions for a speedy trial and prevention of frivolous defenses. 9. Judicial interpretation of the purpose of special procedures for defending suits under Order XXXVII. Detailed Analysis: 1. The Supreme Court granted special leave to appeal in a case where the plaintiff filed a suit based on a dishonored cheque for a significant amount. The defendants sought leave to defend the suit under Order XXXVII of the Code of Civil Procedure, leading to a judicial review of the trial court's decision. 2. The trial Judge initially held that the defense raised a triable issue but questioned the bona fide nature of the defense presented by the defendants. Despite this, the trial Judge allowed the defendants to defend the suit on the condition of providing security for the suit amount and costs. 3. The defendants sought a review and later appealed under Article 227 and Article 136 of the Constitution after facing rejections in lower courts. The issue revolved around the exercise of discretion by the trial Judge in granting leave to defend the suit and the interpretation of rules under Order XXXVII. 4. The Court examined the principles of natural justice in exercising judicial discretion, emphasizing the need for a fair and just process in legal proceedings. The judgment highlighted the importance of interpreting procedural rules to facilitate justice rather than impede it. 5. The Court applied the "triable issue" test to determine the validity of the defense presented by the defendants, emphasizing the need for a genuine defense that raises real issues. It also discussed the imposition of conditions for a speedy trial to prevent unnecessary prolongation of litigation. 6. The judgment underscored the objective of special procedures like those under Order XXXVII, aiming to ensure a fair trial while preventing frivolous defenses. The Court emphasized the need for a clear and valid defense that warrants a trial on the merits. 7. Ultimately, the Supreme Court allowed the appeal, setting aside the orders of the High Court and the trial Judge. The case was remanded for the trial of issues raised by the defendants, with costs to be borne by the respondent who failed in the appeal.
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