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TMI Blog2007 (12) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, the goods were delivered along with invoices, whose receipt is not disputed by the defendants. The suit is filed as a Summary Suit on the basis that the invoices are in the form of a written contract as contemplated by Order XXXVII of the Code of Civil Procedure. The goods were delivered as follows: According to the plaintiff the defendants are liable as follows: The plaintiff has filed the purchase order and the corresponding invoices and the delivery challan of the consignor for the aforesaid amount. The said documents are on record and are not in dispute. The original documents have been filed by the plaintiff along with the List of Documents, and the same are on record. At the foot of each o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t shall not defend the suit referred to in sky-blue (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith. 5. Now it is clear that there is no written contract signed by both the parties relied on by the plaintiff. It is not the requirement of the law that it should be a written contract signed by both the par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 919) 1 K.B. 660, was called upon to construe the words contract in writing . The facts of that case were that by contract dated 28th February, 1918 Pauwels had sold to Ruf and and Company a quantity of soap. The terms of the contract were contained in a sold note signed only by Pauwels. At the foot of the sold note were the words Please confirm the above . A dispute arose under the contract as to non-delivery of part of the soap and was referred to arbitration in accordance with the Clause contained in the note. In the award made by the arbitrators there was a recital that by a contract in writing made by Alphonse Pauwels with T.A. Ruf and Co. Ltd., dated the 28th day of February, 1918, Alphonse Pauwels contracted to sell and deliver a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dum of it was signed by one party only. Duke, L.J. in a separate judgment observed at page 670: As to the suggestion which was made that the words contract in writing import a contract made by means of a writing or writings signed by both parties, 1 do not think the words necessarily have that meaning. A document purporting to be an agreement may be an agreement in writing sufficient to satisfy the requirements of an Act of Parliament though it is only verified by the signature of one of the parties: (In Re Jones) (1895) 2 Ch. 719. Here the question is one of a bargain for the sale of goods. I doubt whether the objection which is here set up to avoid a business transaction would have been sufficient to support a special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed by another Single Judge of this Court in (J.K. Enterprise v. Prithviraj Ratanchand Mehta and Anr.) AIR1991Bom162 . 7. Mr. Punjabi, the learned Counsel for the Defendants submitted that there are no specific averments in the plaint that the suit is based on invoices. This submission is not correct in view of the specific averments in the plaint that the suit is based on unpaid invoices vide paragraph 13 of the plaint. It is not necessary, as contended by the learned Counsel, that there should be pleadings that the terms and conditions of the invoices were applicable to the transaction. 8. Mr. Punjabi, learned Counsel for the defendants further relied on the judgment of the Delhi High Court in the case of (S.V. Electric ..... X X X X Extracts X X X X X X X X Extracts X X X X
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