DILIP KUMAR Vs. RASHMI ANAND

JUDGEMENT

(1.) The present Petition has been filed on behalf of the Petitioner under Sec. 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as "CPC"] against the order dtd. 20/12/2024 passed by learned ADJ, Rohini Courts, Delhi [hereinafter referred to as "Impugned Order"]. By the Impugned Order, the Application filed by Petitioner under Order XII Rule 6 of the CPC has been dismissed with a finding that there is no unequivocal admission by the Respondents/Defendants.

(2.) Briefly that facts are that the Petitioner (Plaintiff before the learned Trial Court) filed a summary suit under the provisions of c of the CPC for recovery of an amount of Rs.90,00,000.00 on the basis of three cheques of Rs.30,00,000.00 each, which were stated to have been issued for repayment of a loan received by the Respondents.

(3.) Learned Counsel for the Petitioner submits that there is an unequivocal, unambiguous and clear admission which has been made out by the Respondents in the Application which was filed before a Coordinate Bench of this Court. It is submitted that the Respondents have admitted and acknowledged the liability of Rs.33,12,000.00 as liability payable by the Respondents towards the Petitioner. Reliance is placed by the Petitioner on Para 7 of the Application in this behalf.