H.D. GUMBER Vs. VANDANA CHOPRA & ORS.

JUDGEMENT

(1.) PETITIONER has filed a petitioner under Article 227 of the Constitution of India against the orders dated 2nd April, 2012 and 11th June, 2012 dismissing the application for leave to defend as well as the application under Order 47 Rule 1 CPC seeking review of order dated 2nd April, 2012. The respondent Nos. 1 to 4 had filed a suit for recovery of Rs. 5,10,000/ - under Order 37 CPC against the petitioner. The respondent Nos. 1 to 4 are legal heirs of late Shri Rakesh Chopra from whom the petitioner had taken a loan of Rs. 3,00,000/ - in January 2003 for the period of one year for the interest @ 2.5% per month who had handed over a post dated cheque dated 15th April, 2003 for Rs. 3,00,000 at that time, as security. Subsequently late Shri Rakesh Chopra died but the cheque was not encashed. Respondent No. 1 is a widow who alleged that the petitioner is not paying the amount taken from her late husband rather he is harassing her and other family members in view of pendency of litigation initiated by her.

(2.) THE petitioner was served with summons by the registered post on 14th December, 2006 and through court process on 15th January, 2007. He filed the leave to defend on 23rd January, 2007. The application for leave to defend was dismissed on the ground that leave to defend application was not filed within the statutory period of service as the service was effected by registered AD post on 14th December, 2006 and the same had not been denied by the petitioner in his application to leave to defend.

(3.) AFTER the dismissal of his application, the trial court passed the final decree against the petitioner, who assailed the order of trial court by filing of a review application.