Neebha Kapoor vs Jayantilal Khandwala & Ors

The Supreme Court held that a summary suit under Order 37 of the Code of Civil Procedure is maintainable for recovery based on bills of exchange, including cheques as defined under Section 6 of the Negotiable Instruments Act, 1881. The Court found that the Bombay High Court erred in granting unconditional leave to defend without imposing any conditions, as the suit was based on a promissory note and dishonoured cheques. The Court emphasized that the requirements for a summary suit must be strictly adhered to, and thus the appeal was allowed, setting aside the High Court's order.