VINOD YADAV Vs. MAMTA YADAV

JUDGEMENT

(1.) The petitioners-revisionists, who are the defendants in a suit instituted by the respondent/plaintiff, have preferred the present civil revision petition under Sec. 115 of the Code of Civil Procedure Code, 1908 'CPC' assailing the Impugned Order dtd. 11/10/2023 passed by the Learned Additional District Judge, Dwarka Courts, Delhi 'Learned ADJ/Trial Court' dismissing their application under Order XXXVII Rule 4 CPC bearing MISC DJ ADJ 239/2022 titled as 'Mamta Yadav v. Vinod Yadav and Ors.' for setting aside Judgment and Decree dtd. 30/4/2022 passed by the Learned ADJ in CS No. 828/2019 titled 'Mamta Yadav v. Smt. Vinod Yadav'.

(2.) Briefly stated, the respondent/plaintiff Ms. Mamta Yadav has instituted a suit under Order XXXVII CPC against the petitioners/defendants seeking recovery of money to the tune of Rs.14,35,000.00 along with pendente lite and future interest @ 12% per annum as well as cost of the suit.

(3.) Upon perusal of the pleadings, the facts and circumstances that have come up for consideration before this Court are that in 2015, the husband of the petitioner No.1/defendant No.1 i.e., Sh. Jagdish Yadav, took a friendly loan of Rupees Ten Lakhs from the respondent/plaintiff. Thereafter, in discharge of his liability towards the respondent/plaintiff, Sh. Jagdish Yadav issued two cheques in the year 2017 in favour of the respondent/plaintiff, however, upon presentation, such cheques were dishonoured on account of 'Funds insufficient', and for a second time due to 'payment stopped by drawer'. Consequently, the respondent/plaintiff duly initiated complaint proceedings under Sec. 138 Negotiable Instruments Act, 1881 against Sh. Jagdish Yadav, husband of the petitioner no.1/defendant no.1, however such complaint proceedings abated due to the death of Sh. Jagdish Yadav.