Written invoices can support a summary suit when they capture essential sale terms and late defect claims do not defeat acceptance.

Invoices and purchase orders can constitute a written contract for a summary suit under Order XXXVII when they record the essential terms of sale, including goods, quantity, price and payment conditions. Where the buyer receives the goods, does not reject them within a reasonable time, and raises defect objections only much later, acceptance is deemed under the Sale of Goods Act, 1930. Correspondence acknowledging liability further weakens the defence. On these facts, the asserted defects were not a bona fide triable issue, and leave to defend was refused while the summary suit remained maintainable.

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Issues: Whether the invoices and purchase orders constituted a written contract so as to sustain a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, and whether the defendant raised a bona fide defence warranting leave to defend.

Analysis: The invoices recorded the description of goods, quantity, price, and terms of payment, and were consistent with the purchase orders. On that basis, they amounted to a complete written contract for the purpose of Order XXXVII. The defence of defective and sub-standard goods was found untenable because the defendant had received the goods, did not reject them within a reasonable time, and only raised the objection long after delivery. Under Sections 41 and 42 of the Sale of Goods Act, 1930, the defendant was deemed to have accepted the goods. The correspondence from the defendant also acknowledged liability and payment obligations. The defence was, therefore, not a real triable issue but a moonshine defence.

Conclusion: Leave to defend was rightly refused, the summary suit was maintainable on the written invoices, and the plaintiff was entitled to a decree for the suit claim and costs.

Ratio Decidendi: In a summary suit based on invoices that together contain all essential terms of sale, the invoices constitute a written contract; and where the buyer retains goods without timely rejection, acceptance is deemed under the Sale of Goods Act, defeating a belated defence of defectiveness.

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