NEEBHA KAPOOR vs JAYANTILAL KHANDWALA .

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 High Court erred in granting unconditional leave to defend without considering the merits of the case, particularly regarding the admissibility of the promissory note due to alleged improper stamping. The appeal was allowed, and the order of the High Court was set aside, emphasizing the need for conditions when granting leave to defend.