PRITPAL SINGH BHATIA Vs. KULWANT SINGH

JUDGEMENT

(1.) Plaintiff has filed the present suit under the provisions of Order XXXVII of the Code of Civil Procedure for recovery of Rs. 27,10,250/ - .

(2.) Summons were issued to the defendant in the prescribed form. Affidavit of service has been filed by the plaintiff. In the order dated 17.9.2011, the Joint Registrar has noticed that defendant was served on 3rd or 13th August, 2011. The defendant has failed to enter appearance. None is present on behalf of the defendant today.

(3.) Learned Counsel for the plaintiff submits that in the month of May, 2006, defendant approached the plaintiff and requested for a loan of Rs. 20.00 lakhs but the plaintiff expressed his inability to extend such a huge amount as plaintiff was to purchase a car for himself and therefore offered Rs. 6 -7 lakhs. Then the defendant represented to the plaintiff that defendant will purchase the car in his name by financing the same from a Bank and hand over the same to the plaintiff and defendant will continue to repay the loan amount in installment and amount to be spent by the plaintiff for purchase of car may be given to him as financial installment. Keeping in view, the family relations, plaintiff agreed to the proposal made by the defendant. Consequent to the same, defendant purchased the Skoda car in his name, which was meant for the plaintiff only and the same was delivered at the residence of the plaintiff itself by the Continental Auto Service. The car was purchased by defendant by taking loan from ICICI Bank in June, 2006.