VIKRANT VATS Vs. AJAY GAHLOT

JUDGEMENT

(1.) The appellant has assailed judgment and decree dtd. 27/11/2024, passed by the learned Additional District Judge, South West, Dwarka, Delhi under Order XXXVII CPC on account of failure on the part of the appellant to file application for leave to defend within stipulated period. Learned counsel for appellant has taken me through the relevant record already filed with the appeal. Having heard learned counsel for appellant, I find no ground to issue notice of this appeal.

(2.) Briefly stated, the circumstances leading to this appeal are that the present respondent filed a suit under Order XXXVII CPC against the appellant for recovery of Rs.87,00,000.00 on the basis of two cheques which had got dishonoured on being presented. The summons for judgment were served on the appellant on 6/7/2024 and application for leave to defend was filed on 18/11/2024. The application for leave to defend having not been filed within prescribed period, the application was dismissed and the suit was decreed. Hence the present appeal.

(3.) Learned counsel for appellant has tried to address submissions on merits of the case. But admittedly, there is no explanation for the appellant having not filed an application for leave to defend within the prescribed period. It is nobody's case that the appellant was not aware about the nature of the proceedings, insofar as admittedly the appellant entered appearance under Order XXXVII CPC in time. It is also nobody's case that summons for judgment were not served on the appellant on the address given by him while entering appearance.