S.B. CIVIL REVISION PETITION NO.76/2008 Suraj Bohra Vs. Smt. Savita Batra Date of order : 18th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.S. Mankad for the petitioner. --------- 1. Heard learned counsel. 2. This revision petition is directed against the order dated 5.10.2007 whereby the learned trial court allowed the application under Section 37 Rule 3(5) giving leave to defend to the defendant in summary suit for recovery filed by the plaintiff. 3. The learned counsel for the petitioner specifically submits that merely writing in the application that the defendant had given a cheque of Rs.60,000/- to the plaintiff without giving the cheque number etc. it was not sufficient ground to claim leave to defend and the learned trial court has erred in using its discretion to grant leave to defend in such circumstances. 4. This Court is of the opinion that it is open to defendant to give necessary particulars in his written statement and prove the said facts. The averment by itself cannot be taken to be insufficient so as to reject the application for leave to defend. The discretion admittedly lies with trial court to grant leave to defend in its wisdom and, therefore, the said discretionary order does not call for any interference under Article 227 of the Constitution of India. 5. The writ petition is devoid of merit and the same is rejected. [ DR. VINEET KOTHARI ], J. item No.10 babulal/-