HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This Regular First Appeal under Section 96 of the Code
of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit
impugning the Judgment of the Trial Court dated 25.1.2017 by which
trial court has dismissed the leave to defend application filed by the
appellant/defendant under Order XXXVII (3)(5) CPC and has decreed
the suit filed by the respondent/plaintiff for a sum of Rs.10 lacs with
interest at the rate of 9% per annum.
RFA No.359/2017 Page 1 of 11
2. The case of the respondent/plaintiff was simple.
Respondent/plaintiff has pleaded that it gave a loan of Rs.10 lacs to
the appellant/defendant on 7.7.2012 and that the appellant/defendant
for the repayment of the loan amount issued a cheque no.943528 dated
7.4.2013, but this cheque was dishonoured, and therefore, the subject
suit under Order XXXVII CPC came to be filed.
Source: Indian Kanoon