VIMAL KUMAR TAHEEM Vs. HARI OM NIRALA

JUDGEMENT

(1.) This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

(2.) Allowed, subject to all just exceptions. Applications are disposed of.

(3.) This is a petition challenging the impugned Order dtd. 29/11/2021 passed by ld. ADJ-04/Dwarka Courts/SW/New Delhi (hereinafter "trial court"?) by which the application filed by the Petitioner/Defendant (hereinafter "Defendant"?) under Order VII Rule 11 in the suit has been dismissed. The brief background of the matter is that a suit for recovery of a sum of Rs.6.00 lakhs was filed by the Respondent/Plaintiff (hereinafter "Plaintiff"?) against the Defendant on the ground that a friendly loan of Rs.6,00,000.00 (six lacs) was advanced by the Plaintiff to the Defendant. The suit was instituted by the plaintiff in 2011. In the suit, the Defendant took the defence that the Plaintiff and the Defendant were not known to each other and further, the allegations of the Defendant are that the four blank cheques were actually given by the Defendant to one Sh. Rampal in re-payment of a loan that he took from Mr. Ram Pal. It is his submission that Mr. Ram Pal and Sh. O.P. Bharti, who is the Counsel for the Plaintiff before the trial court have conspired and implicated the Defendant in the suit.