MADAN LAL SHARMA Vs. SUKH LAL GUPTA

JUDGEMENT

(1.) This appeal arises out of a suit filed by the plaintiff-respondent against the appellant-herein under Order XXXVII of the Code of Civil Procedure and decreed for a sum of Rs.3,97,673.00 with interest at the rate of 16% p.a. from the date of the filing of the suit till the realization of the decretal amount.

(2.) The plaintiff-respondent claimed a decree under the summary provisions of Order XXXVII CPC for a sum of Rs.3,97,673.00, representing the principal amount of Rs.2.50 lacs and interest payable on the same upto the date of institution of the suit. Leave to defend the suit was denied to the defendant by the Court below but granted by a single Bench of this Court in a revision petition No.162/96, disposed of by order dated 9th May, 2000.

(3.) The defendant was, in terms of the above order, entitled to file a written statement, which he does not appear to have filed despite repeated opportunities granted to him. The trial Court, therefore, invoked Order VIII Rule 10 of the CPC, struck off the defence of the defendant-appellant and decreed the suit filed by the plaintiff. An application under Order IX Rule 13 of the CPC moved by the appellant for setting aside the said decree also failed and was dismissed by the said Court on 1st March, 2001. An appeal preferred against the said order too failed and was dismissed by Madan B.Lokur, J. on 26th March, 2004