https://www.taxtmi.com/caselaws?id=197684 A signed statement of account acknowledging a definite liability and admitted balance due may constitute a written contract for purposes of Order 37 CPC, allowing a summary suit on the debt. Where the documents show mutual accounting, a subsisting obligation to pay, and part-payments consistent with the admitted liability, the claim is treated as maintainable under the summary procedure. A defendant is not entitled to leave to defend when the pleaded version of adjustment or oral arrangement is unsupported by particulars and does not disclose a real triable issue; a sham or moonshine defence will not suffice. The revision was interfered with only conditionally, subject to furnishing a bank guarantee within time. en-us Sat, 01 Mar 1997 00:00:00 +0530 Wed, 19 Feb 2025 14:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197684 A signed statement of account acknowledging a definite liability and admitted balance due may constitute a written contract for purposes of Order 37 CPC, allowing a summary suit on the debt. Where the documents show mutual accounting, a subsisting obligation to pay, and part-payments consistent with the admitted liability, the claim is treated as maintainable under the summary procedure. A defendant is not entitled to leave to defend when the pleaded version of adjustment or oral arrangement is unsupported by particulars and does not disclose a real triable issue; a sham or moonshine defence will not suffice. The revision was interfered with only conditionally, subject to furnishing a bank guarantee within time. Case-Laws Indian Laws Sat, 01 Mar 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197684