MOHD WASIM Vs. GABAR SINGH

JUDGEMENT

(1.) THIS is defendants appeal impugning the judgment and order dated 21st March, 2013 of a learned Single Judge, directing decree to be drawn under Order XXXVII CPC for Rs.32,50,000/ . By the impugned judgment and order, the learned Single Judge dismissed the appellants application for leave to defend under Order 37 (3), CPC.

(2.) BRIEFLY stated the facts of the case are that the plaintiff/respondent alleged that he acquired the suit land measuring 4 bighas 16 biswas in Village Satbari, New Delhi on 22nd August, 2006, but was unable to plot the land due to some impediments caused by the local residents. In the circumstances, he entered into an agreement with the appellant on 25.08.2006. In terms of that agreement, the defendant/appellant agreed to purchase the land for Rs.32,50,000/ . The defendant did not pay the amount but instead stated (in terms of the agreement) that the consideration would be made after plotting and sale of the plots. It was alleged by the plaintiff/respondent that the defendant/appellant in discharge of his debt and liability, issued a post dated cheque of Rs.32,50,000/ . When the cheque was presented in terms and instructions of the appellant, it was dishonoured on account of ,,insufficiency of funds. Accordingly, the plaintiff instituted a summary suit under Order 37 CPC.

(3.) THE appellant strongly relied upon an undated written document styled as ,,Panchayatnama, a copy of which was produced along with the leave to defend application filed by him. The said Panchayatnama recorded that a total amount of Rs.51 lakhs was paid by the defendant/appellant to certain individuals including a sum of Rs.32,50,000/ to the respondent/plaintiff.