' MIAN SAQIB NISAR, J.---Respondent No,1 filed a suit for the recovery of an amount of Rs,23,000 against the appellant and respondent No,2 under the provisions of Order XXXVII Rule 2, C.P.C. The appellant applied for leave to appear and defend which was granted to him and in the light of the pleadings of the parties, the following issues were framed by the learned trial Court:--
(1) Whether the plaintiff is entitled to recover Rs,23,000 from the defendant on the basis of Cheque No,363072? OPP
(2) Whether the plaintiff has got no cause of action and locus standi to file this suit? OPD.
(3) Whether the suit is not maintainable? OPD.
(4) Whether the suit of the plaintiff is false and frivolous and liable to be dismissed with special costs of Rs, 25,000 under section 35-A of C.P.C.? OPD.
(5) Relief.
2.. Parties were put to trial and the learned trial Court has come to the conclusion that the cheque in question, on the basis of which the suit has been instituted, was executed by the appellant, the encashment of which was got stopped by him and thus, decreed the suit against the appellant/defendant No,1 and dismissed against respondent/defendant No,2, through the impugned judgment and decree, dated 21-1-2004.
3. Learned counsel for the appellant has argued that in fact respondent No,2 had agreed to purchase some goods from respondent No,1, which ultimately were to be sold by respondent No,2 to the appellant and it is in lieu of such transaction that the cheque was issued to respondent No,1, but because the said goods were not supplied to the appellant, therefore, he got the payment of the cheque stopped. I am afraid that this defence is meaningless, because it is the case of respondent No,1 that he delivered the goods to respondent No,2 for which the cheque was issued, and if the goods have not been further supplied to the appellant, respondent No,1 cannot be held responsible for that.
' In the light of the above, the learned trial Court has rightly passed the impugned judgment and decree. No case for interference in this appeal, is made out. Dismissed.