LAWS(DLH)-2006-5-108

SANJIV KUMAR Vs. RAMWA CHIT FUNDS P LTD

Decided On May 04, 2006
SANJIV KUMAR Appellant
V/S
RAMWA CHIT FUNDS (P) LTD Respondents

JUDGEMENT

(1.) The present revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short) is directed against order dated 16th August, 2005 dismissing application for review under Section 114 and Order 47 Rule 1 of the aforesaid Code.

(2.) The respondent herein had filed a suit under Order XXXVII of the Code for recovery of Rs.2,16,000/- along with interest, costs etc. In the suit it was stated that the petitioner had issued four cheques for Rs.40,000/-, Rs.45,000/-, Rs.35,000/- and Rs.30,000/- drawn on Bank of Baroda, Shakarpur, Delhi and the said cheques were dishonoured on presentation. It was also stated that the petitioner was a member of different units/groups organised by the respondent and had received chit amount of Rs.1,62,500/-.

(3.) Learned Trial Court vide order dated 13th March, 2001 decreed the suit for Rs.1,50,000/- being the sum total of the four cheques along with the pendente lite and future interest @ 15% per annum with the costs. As per the decree sheet, the petitioner was liable to pay Rs.2,16,000/- plus costs and future interest.