Law:

Section:

(a) Civil Procedure Code (V of 1908)------O. XXXVII, Rr. 1, 2 & O.XXI, R.23-A---Suit for recovery of money on the basis of cheque---Execution of decree---Errors, mistakes, inaccuracies, committed by the Court, while passing decree, or allegedly in disregard of law, by no stretch of legal acumen could be said to be suffering from the vice of the want of jurisdiction and therefore inexecutable. (b) Civil Procedure Code (V of 1908)--- ---O. XXXVII, Rr.1 & 2---Suit for recovery of money on the basis of cheque---Grant of leave to defend the suit---Order of attachment before ---When the Trial Court passed the conditional leave granting order, requiring the defendant to furnish the, surety bonds and the defendant in compliance of the said order, filed the bonds, which, however, due to certain inadequacies, were subsequently rejected by the Court and decree was passed, which meant that earlier order of attachment, before the , if any, was withdrawn by the Court and the specific procedure provided by O.XXXVII, C.P.C. for the grant of leave, conditionally or otherwise was followed---When the said decree was challenged by the defendant before High Court, the Court directed the defendant to furnish fresh surety bonds to the satisfaction of the Court within one month and in the , it was provided that in case of default in compliance of the said direction, the suit filed by the plaintiff shall stand decreed---Question of attachment of property had never been raised by the defendant, before the High Court and thus order of attachment lost its efficacy and it was the of the High Court, which the defendant had to follow and comply by furnishing fresh sureties in terms thereof. (c) Civil Procedure Code (V of 1908)--- ---O. XXXVII, Rr.1 & 2---Suit for recovery of money on the basis of cheque---Grant of leave to defend the suit on furnishing of the surety bonds by the defendant---Scrutiny of surety bonds-Defendant, who was supposed to furnish surety bonds having failed to do so, the had to take its effect which was given by the Trial Court when the suit was decreed---Scrutiny of surety bonds was not required in the present case. (d) Civil Procedure Code (V of 1908)---…

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