Code of Civil Procedure, 1908–Order 37, Rule 3(5)–Leave to defend–Declined to grant and the suit was decreed–Justification–Suit for recovery of the amount of Rs. 50,000/- which was advanced to meet the household requirements of the petitioner–It cannot be said that frivolous and vexatious defence has been put forward by the defendant–If the signatures of the defendant on the agreement would have been found to be not genuine, evidently, the suit could not have been decreed–The summary procedure is not meant for passing hurried judgment without proper adjudication of the claim–Impugned judgment and decree set aside and matter remitted back to Trial Court.
