MAHESH KUMAR JOSHI Vs. MADAN SINGH NEGI

JUDGEMENT

(1.) IMPUGNED order is dated 24.02.2010. The suit filed by the plaintiff under Order XXXVII of the Code of Civil Procedure (hereinafter referred to as the ,,Code) had been decreed.

(2.) RECORD shows that the present suit has been filed by the plaintiff Madan Singh Negi for recovery of Rs. 3 lacs on the basis of two post dated cheques i.e. Rs.50,000/- and Rs.2,50,000/- bearing No. 185286 and 185287 dated 29.06.2009 and 09.07.2009 drawn on the Central Bank of India, Morigate, Delhi; contention was that these amounts had been paid by the defendant to the plaintiff as part consideration against the property pursuant to the documents of sale having been executed by the plaintiff in favour of the defendant after handing over the vacant and peaceful possession of the suit property to the defendant. RECORD further shows that there is no dispute to the fact that the wife of the defendant was served with the summons of the suit on 19.12.2009; however appearance was not put in the Court by the defendant up to 24.02.2010. There appears to be absolutely no explanation whatsoever for the late appearance of the defendant; contention was that the defendant was illiterate and he was not aware of the procedure and as such the defendant did not file the memo of appearance in time. Admittedly memo of appearance has to be filed within ten days from the date of service which was no done. On the same day i.e. on 24.02.2010 ex-parte judgment and decree followed in favour of the plaintiff.

(3.) THE Apex Court in AIR 2003 (3) SC 1322 Rajni Kumar Vs. Suresh Kumar Malhotra in this context had inter-alia held as under:-