NIWAS GUPTA@CHEENI Vs. ARVIND KUMAR AGGARWAL

JUDGEMENT

(1.) THE respondent/plaintiff had filed a suit for recovery of Rs. 5,39,000/ - under Order 37 CPC wherein the petitioner/defendant sought leave to defend the suit. By the present petition the petitioner impugns the order dated 27th July, 2009 to the extent it directs the petitioner to deposit a sum of Rs. 3,50,000/ - which is equal to the total cheque amount as security within one month while granting him leave to defend since triable issues had been raised by the petitioner herein.

(2.) CONSIDERING the fact that the petitioner/defendant had been able to demonstrate that neither the original cheques had been filed by the plaintiff and even the hand -writing on the cheques in question was different than the other cheques and that the interest amount had also not been calculated, the Court granted leave to defend since triable issues were raised. The petitioner/ defendant also pressed his defence that in fact no transaction was entered into between the plaintiff and defendant, rather the plaintiff had entered into a transaction with one of the relatives of defendant.

(3.) NOTICE was issued in the present petition to the respondent who filed the reply affidavit, however since none appeared for the respondent for number of dates he was proceeded ex -parte on 19th July, 2013. Even thereafter none appears for the respondent. Today also none appears for the respondent despite pass -over.