1988 (11) TMI 354

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ntiff decided to send some of their workmen and personnel to the said fair. It is the plaintiffs' case that before selecting the personnel to attend the fair, it was made clear to each person including the defendant that the plaintiffs were sending their employees to the said fair with the sole object of acquiring the know-how for the benefit of the plaintiffs company and with that object in mind the plaintiff informed them that they would be spending large amounts for the said tour, per person. The plaintiff desired that the persons who acquired such knowledge should remain with the plaintiffs Company for a minimum period of one year. As a guarantee for the same, apart from individual oral assurance, the plaintiffs had requested the de .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Summary Suit is a suit on a document. Therefore, if the document itself is not admissible or cannot be acted upon, for want of proper stamp, no Summary Suit can lie. There is a basic different between an ordinary suit in which a document is to be tendered in evidence, and a Summary Suit which is a suit on the document itself. In all ordinary suits, documents may be tendered and the question of admissibility of documents would then arise and the Court will then decide the question according to the Stamp Act. But in a summary suit at the time of the filing of the suit, the document itself upon for want of requisite stamp, the suit is not maintainable as a summary Suit. That is why in a summary suit, if there is no defence to the suit, on pro .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ting, even if the amount mentioned is an agreed amount. Summary suit being a special suit where the right to defend depends on leave being granted, that too very often on terms such as deposit of a part or whole of the amount, will have to be construed strictly, and the cause of action must arise on the items mentioned under Order 37, Rule 1 of the Code of Civil Procedure. No extension of the items, not falling within the scope of the said provision, is legally permissible. 8. Even on merits, Prima facie, trible issues do arise in the present case and unconditional leave to defend ought to have been granted. I, therefore, pass the following order : I set aside the impugned order. I grant unconditional leave to defend the suit. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X