Ruhunu Agro Fertilizer Co. Ltd. v. Kapila – sllr 2000 volume 2 page 277

In the case between RUHUNU AGRO FERTILIZER CO. LTD and KAPILA, the court considered the procedural propriety of a claim based on dishonoured cheques within the framework of the Civil Procedure Code and the Bills of Exchange Ordinance. The central issue pertained to whether the plaintiff’s application for summary judgment satisfied statutory requirements, including the production of documents and affirmation of the debt’s validity, and whether a Notice of Dishonour was mandated. The decision underscored that judicial discretion under Section 704(2) should be exercised to enable fair litigation, rather than as a punitive device. It was held that the District Judge had correctly permitted the defendant to defend the action without security, even in light of procedural lapses, as triable issue