PUSHPA Vs. VIBHU GUPTA

JUDGEMENT

(1.) This revision petition under Section 115 of Code of Civil Procedure, 1908 (CPC) is filed by the petitioner/defendant against the impugned order of the court below dated 17.2.2014 by which the court below has dismissed the application under Order 37 Rule 4 CPC for setting aside the judgment and decree dated 30.7.2012 which was passed on account of non-filing of the leave to defend application by the petitioner-defendant.

(2.) The facts of the case are that respondent-plaintiff filed the subject suit under Order 37 CPC for recovery of loan of Rs.4 lacs alongwith interest on the ground that petitioner-defendant from October 2010 to April 2011 was given a friendly loan of Rs.4 lacs for a period of two months, and for which purpose, a promissory note dated 12.4.2011 was executed by the petitioner-defendant besides handing over two cheques bearing no. 322740 and 322741 drawn on Oriental Bank of Commerce, Chandni Chowk, Delhi for Rs.2 lacs each. As per the plaint the petitioner-defendant assured that the cheques will be cleared on presentation. It however transpired that the petitioner-defendant had not even entered the account number in the cheques, and therefore, the cheques could not be presented. After serving the legal notice dated 7.9.2011, the subject suit for recovery was filed.

(3.) The defendant-petitioner was served through the process server on 4.5.2012 through her son Nikhil. Since no leave to defend application was filed the suit was decreed because once no application for leave to defend is filed the contents of the plaint are deemed to be admitted and decree is passed under Order 37 CPC.