SH. RAJ SINGH Vs. SH. HARENDRA SINGH

JUDGEMENT

(1.) C.M. No. 25553/2017 (exemption)

(2.) This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant under Order XXXVII CPC suit challenging the impugned judgment dated 29.4.2017 whereby the leave to defend application filed by the appellant/defendant under Order XXXVII Rule 3(5) CPC has been dismissed.

(3.) The facts of the case as per the respondent/plaintiff are that the appellant/defendant approached the respondent/plaintiff for grant of financial assistance of Rs. 6 lacs for purchase of a plot in Jind, Haryana. The respondent/plaintiff is said to have given the loan of Rs. 5.70 lacs to the appellant/defendant in cash and to ensure the return of which loan amount the appellant/defendant had issued a post dated cheque bearing no. 485446 dated 30.5.2012 when the cheque was dishonoured on presentation vide cheque return memo dated 5.6.2012, the appellant/defendant while promising to return the loan handed over the title deeds of the property in the name of his wife Smt. Sudesh to the respondent/plaintiff. A legal notice dated 29.6.2012 was served upon the appellant/defendant, on account of non-payment of loan amount, and thereafter the subject suit for recovery was filed under Order XXXVII CPC.