OM KUMAR Vs. SURESH CHANCHAL

JUDGEMENT

(1.) By these petitions, the petitioners have assailed an order dated 5th August, 2009 whereby the learned trial court allowed an application of the respondents for leave to defend.

(2.) The petitioners filed a suit for recovery of due amount with 24% interest and damages from the defendants (petitioners herein). In the suit, it was stated that the decree be passed against defendants' servants, employees, legal heirs of the due amount as claimed and damages of Rs.4,000/- be granted against defendants' servants and employees. The suit was filed against three defendants who were stated to be running a Lucky Draw in the name of "Adarsh Lucky Scheme and M/s Adarsh Thrift & Credit Society.

(3.) In the application for leave to defend, the defendants had taken the stand that the suit was not maintainable as it was not based on a written contract. No documents were filed and the membership of the lucky draw was in the name of different persons while the suit was filed by different person. Another defence taken was that the contract between the parties was in the nature of a wagering contract which was a void contract in view of Section 35 of the Contract Act and, therefore, the contract was not enforceable.