YOGENDER SINGH Vs. KOTAK MAHINDRA BANK LTD

JUDGEMENT

(1.) The appeal impugns a money decree (dated 25th August, 2012 of the Court of Addl. District Judge (Central-07), Delhi in Civil Suit No.250/2010 filed by the respondent-1 Bank under Order XXXVII of the CPC) against the appellant pursuant to the order of the same date of dismissal of the application for leave to defend filed by the appellant.

(2.) The respondent no.1 Bank had filed the said suit against the respondents no.2&3 herein and the appellant (impleaded as defendant no.3), pleading:-

(3.) The suit was entertained under Order XXXVII of the CPC and summons for appearance issued. Only the appellant/defendant no.3 entered appearance; the respondents no.2&3 failed to even enter appearance. Summons for judgment were thereafter issued to the appellant/defendant no.3 who filed an application for leave to defend inter alia pleading that the respondent no.1 Bank has no cause of action against the appellant/defendant no.3 who was an outsider and had no concern with the respondent no.1 Bank and the respondents no.2&3 in any manner and had not stood as guarantor for the respondents no.2&3.