https://www.taxtmi.com/caselaws?id=462668 A summary suit based on invoices was held maintainable under Order 37 CPC because the plaint expressly invoked that procedure and the invoices constituted written contracts; a reference to a statement of account did not defeat maintainability. The defence of defective goods failed because the buyer had received, used and retained the goods for a substantial period without timely rejection, attracting acceptance under Sections 41 and 42 of the Sale of Goods Act, 1930. As no good, fair or substantial defence was disclosed, unconditional leave to defend was refused and the invoice-based claim was upheld with interest and costs. en-us Tue, 23 Jul 2013 00:00:00 +0530 Wed, 09 Jul 2025 11:46:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462668 A summary suit based on invoices was held maintainable under Order 37 CPC because the plaint expressly invoked that procedure and the invoices constituted written contracts; a reference to a statement of account did not defeat maintainability. The defence of defective goods failed because the buyer had received, used and retained the goods for a substantial period without timely rejection, attracting acceptance under Sections 41 and 42 of the Sale of Goods Act, 1930. As no good, fair or substantial defence was disclosed, unconditional leave to defend was refused and the invoice-based claim was upheld with interest and costs. Case-Laws Indian Laws Tue, 23 Jul 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462668