ASHOK KUMAR Vs. KARTAR SINGH

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the first appellate court dated 7.2.2017 by which the first appellate court has set aside the judgment of the trial court dated 15.3.2016. The trial court by its judgment dated 15.3.2016 had dismissed the suit for recovery of Rs. 2 lacs filed by the respondent/plaintiff against the appellant/defendant as being time-barred. The first appellate court has held that the suit is within limitation and therefore the suit was decreed. I may note that the appellant/defendant though was served in the suit but he did not file his written statement nor did he lead any evidence.

(2.) The facts of the case are that the subject suit was filed by the respondent/plaintiff seeking recovery of Rs. 2 lacs and which the respondent/plaintiff pleaded was taken by the appellant/defendant for engagement and marriage of his two daughters. A sum of Rs. 1,40,000/- was given by the respondent/plaintiff to the appellant/defendant on 23.9.2010 and a sum of Rs. 60,000/- was given on 27.9.2010. The loan given was repayable after five months without interest and in this regard a document dated 23.9.2010 was duly executed between the parties i.e signed by both the parties. The appellant/defendant is pleaded to have issued a cheque bearing no. 106452 dated 2.12.2013 for a sum of Rs. 1.50 lacs in discharge of his liability. This cheque was dishonoured and hence the subject suit was filed.

(3.) As already stated above, the appellant/defendant in spite of service failed to appear in the trial court and failed to file the written statement. The appellant/defendant was therefore proceeded ex-parte. Respondent/plaintiff has led evidence and proved the various documents including the document dated 23.9.2010 as Ex.PW1/1. The evidence led by the respondent/plaintiff is referred to in para 7 of the judgment of the trial court and which para 7 reads as under:-