RAJNISH SHARMA Vs. HARISH KUMAR

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 23.9.2011 decreeing the suit of the respondent/plaintiff filed under Order 37 CPC by dismissing the leave to defend application filed by the appellant/defendant.

(2.) A reading of the plaint shows that the suit has been filed on the basis of a cheque for Rs. 3 lacs dated 3.11.2008 which was dishonoured. The plaint also makes a mention of another receipt (date not given) by which the appellant/defendant promised to pay this sum of Rs. 3 lacs, and which is stated to be filed with the plaint. Therefore, the case of the respondent/plaintiff in the plaint was that he was entitled to an amount of Rs. 3 lacs with respect to which not only the cheque was dishonoured but a receipt dated 16.12.2009 was signed by the appellant/defendant.

(3.) A reading of the aforesaid para therefore shows that on the one hand, the appellant/defendant on 16.12.2009 issued a document showing his liability to pay a sum of Rs. 3 lacs, and which as per the respondent/plaintiff was towards liquidation of the liability of the dishonoured cheque of November, 2008. In between November, 2008 and December, 2009, however, there are further facts which show payment of Rs. 2, 25,000/- to the respondent/plaintiff by the appellant/defendant and the respondent/plaintiff receiving a sum of Rs. 1,25,000/- from the main broker, M/s. Moti Lal Oswal Securities Ltd.