INDER LAL AGRAWAL Vs. SHANKAR LAL AGRAWAL

JUDGEMENT

(1.) By this instant appeal, appellant has challenged the legality and propriety of impugned order dated 15/02/2008 passed by learned First Additional District Judge, Raipur (C.G.) in Miscellaneous Civil Suit No. 04/2006, whereby learned Trial Court dismissed the application under Order 9 Rule 13 of the Civil Procedure Code, 1908 (hereinafter referred to as 'CPC').

(2.) Brief facts of the case, are that, respondent/plaintiff filed a civil suit for recovery of Rs. 98,500/- from appellant/defendant on the ground that respondent/plaintiff being father advanced loan of Rs. 70,000/- to the appellant/defendant @ 18% per annum. Appellant/defendant when not paid outstanding amount of loan as calculated in plaint, then respondent/plaintiff issued legal notice on 05/03/1998, which was replied by appellant/defendant and denied contents of notice with respect to outstanding loan amount. Thereafter, the suit was filed on 30/04/1998.

(3.) Appellant/Defendant submitted his written statement to the suit and denied all the adverse pleadings made in suit and stated that respondent/plaintiff has already taken grains for more than the amount of loan from his Dal Mill. The learned Trial Court, on the basis of pleadings, framed five issues and proceeded for trial. The learned Trial Court fixed the case for recording of evidence of respondent/plaintiff on 21/02/2006, but on said date, appellant/defendant not appeared in person and his counsel pleaded no instruction. Thereafter, exparte proceeding was drawn and exparte judgment and decree dated 22/02/2006 was passed against the appellant/defendant.