https://www.taxtmi.com/caselaws?id=199094 In a summary suit based on a negotiable instrument, Order 37 permits expeditious relief only after judicial scrutiny, and a decree cannot follow mechanically on secondary material alone. The court noted that a cheque falls within the definition of a bill of exchange, but the plaintiff normally must produce the original documents or satisfactorily explain their loss before relying on secondary evidence. It also reiterated that the existence of a triable issue, or a defence that is sham or moonshine, informs the court's discretion on leave to defend. On the facts, the grant of unconditional leave to defend was upheld. en-us Tue, 22 Jan 2008 00:00:00 +0530 Tue, 20 Feb 2018 09:45:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199094 In a summary suit based on a negotiable instrument, Order 37 permits expeditious relief only after judicial scrutiny, and a decree cannot follow mechanically on secondary material alone. The court noted that a cheque falls within the definition of a bill of exchange, but the plaintiff normally must produce the original documents or satisfactorily explain their loss before relying on secondary evidence. It also reiterated that the existence of a triable issue, or a defence that is sham or moonshine, informs the court's discretion on leave to defend. On the facts, the grant of unconditional leave to defend was upheld. Case-Laws Indian Laws Tue, 22 Jan 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199094