RAM AVTAR SHARMA Vs. BHARAT SHARMA

JUDGEMENT

(1.) Petitioner/defendant by means of this petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order of the trial court dated 1.7.2014 by which the trial court dismissed an application filed under Order XXXVII Rule 4 (wrongly written as Rule 5) read with Section 151 CPC and Section 5 of the Limitation Act, 1963 for condoning the delay in filing appearance.

(2.) The facts of the case are that the respondent/plaintiff filed a suit for recovery of moneys under Order XXXVII CPC on account of loan which was advanced to the petitioner/defendant. Petitioner/defendant had issued a cheque which was dishonoured on presentation and hence the subject suit was filed to claim the principal amount of Rs.5 lacs alongwith interest at 12% per annum.

(3.) As the petitioner/defendant did not file appearance, the suit was decreed by the judgment dated 21.10.2011.