ATUL KUMAR JAIN Vs. N.K. JAIN

JUDGEMENT

(1.) This is an application filed by the defendant under Order 37 Rule 3(5) CPC seeking leave to defend the suit. The present plaint is filed for recovery of a sum of Rs. 25 lacs. The plaintiff states that he is an Engineer from IIT Kanpur and he has vast knowledge of property valuation. It is stated that the defendant is a Chartered Accountant and approached the plaintiff for evaluation/assessment of certain properties during the year 2010-2011.

(2.) The plaintiff at the request of the defendant evaluated/ made assessment in respect of various properties. In lieu of the services rendered by him during the year 2010-2011, on 01.04.2011 he raised a bill for a sum of Rs. 27 lacs. It is stated that the bill was received by the defendant under his signatures and in discharge of his liability, the defendant is stated to have issued seven post dated cheques to the plaintiff payable between 07.06.2011 to 07.12.2011. It is averred that the said cheques were issued in discharge of the admitted liability of the defendant.

(3.) However, it is further stated that before the plaintiff could present the first cheque for the month of June 2011, the defendant approached and requested him not to present the first cheque for Rs.3 lacs. He, however, paid Rs. 2 lacs in cash as part payment of the said liability. The plaintiff claims to have issued proper receipt.