SURJEET KAUR Vs. VIMLA ARORA

JUDGEMENT

(1.) This Regular Second Appeal under section 100 of Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant No. 2 impugning the judgments of the courts below; of the Trial Court dated 6.11.2013 and the First Appellate Court dated 9.1.2017; by which the courts below have dismissed the application filed by the appellant/defendant No. 2 under Order 37, Rule 4 Civil P.C. for setting aside the judgment and decree dated 9.2.2004.

(2.) I may note that plaintiff in the suit was Smt. Vimla Arora who has since expired and is represented by her four legal heirs who are respondent Nos. 1A to 1D in this appeal, and these respondent Nos. 1A to 1D in spite of service are not appearing today. Counsel for the appellant also informs this Court that the respondent No. 2 herein and who was the defendant No. 1 in the trial court has already paid a sum of Rs. 1.50 lacs to the plaintiff i.e Smt. Vimla Arora and which the plaintiff has received in full and final satisfaction of her claims.

(3.) The limited issue to be decided in this Regular Second Appeal is that whether the suit under Order 37 Civil P.C. could have been filed by the plaintiff Smt. Vimla Arora as against the appellant/defendant No. 2, who is pleaded to be a guarantor as per a verbal guarantee agreement.