Hawa Singh Saini vs Rajesh Kumar Jain (Hindu … on 30 July, 2018

CORAM:
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

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