KRISHAN SWAROOP Vs. SH. KRISHAN LAL

JUDGEMENT

(1.) CM No. 22897/2010 (for exemption)

(2.) THIS appeal has been directed against the impugned judgment and decree dated 04.9.2010 which had endorsed the finding of the trial judge dated 6.4.2004 whereby the suit filed by the Plaintiff Krishan Lal seeking recovery of Rs. 81,400/ - along with interest had been decreed in his favour. The case of the Plaintiff is that he had given a loan of Rs. 55,000/ - to the Defendant. This was on 01.3.1996. Defendant had agreed to return the loan along with interest @ 24% per annum. Loan had been agreed to be returned within one and a half months. The loan had been paid by way of five cheques, details of which have been mentioned in the plaint. This was by way of four sums of Rs. 10,000/ - each and one sum of Rs. 15,000/ -. Initially the suit had been filed under Order XXXVII of the Code of Civil Procedure ( hereinafter referred to as 'the CPC'). Thereafter on an application for leave to defend which was allowed the suit was considered as a regular suit. Contention of the Defendant was that the said cheques had been obtained by the Plaintiff malafidely and no legal liability was due and payable by the Defendant.

(3.) WHETHER there is a privity of contract between the parties? OPD