KARTAR SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) This is a regular second appeal challenging the decisions of the Courts below whereby suit filed by the respondent under <PG>204</PG> Order 37 of the Civil Procedure Code was decreed in the sum of Rs. 3,340 with costs and future interest.

(2.) The respondent filed a suit under Order 37 claiming that the appellant herein had issued a cheque dated 22nd December, 1977 for a sum of Rs. 3,000 in favour of the respondent. This cheque was stated to have been issued for consideration. It was alleged that this cheque, when presented to the banker's, was dishonoured on 23rd December, 1977. The suit was filed on 2nd November, 1979.

(3.) The appellant herein was granted leave to defend. In the written statement which was filed it was contended that the cheque for Rs. 3,000 was issued by way of loan to the respondent. The case of the appellant was that he had not taken any loan from the respondent and that the suit had been filed by way of a counter-blast to arbitration proceedings which had been initiated by the appellant and which had resulted in an award being made in his favour and a decree in terms thereof being passed.