Code of Civil Procedure, 1908–Order 37, Rule 3(5)–Leave to defend–Application for–Dismissed–Justification–Amount claimed in the suit is not based on any document executed between the parties–Plea of defendant that the entire loan amount along with the interest has been paid and nothing remains due–Admitted fact of receiving the amount through cheques–detailed inquiry would be required as to the rate of interest applicable from time to time–Court below erred in rejecting the application.
