DESH RAJ Vs. ISHWAR SINGH

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 28th May 2008 of learned additional District Judge whereby he gave conditional leave to defend to the petitioner.

(2.) THE plaintiff (respondent herein) had filed a suit for recovery of an amount of Rs. 4,21,500/ -. The suit of the plaintiff was based on the dishonoured cheques issued by the petitioner to respondent totaling to Rs. 3 lac against a loan of Rs. 3 lac. The stand of the defendant (petitioner herein) was that at the time of taking loan, the petitioner had handed over his Toyata Qualis car bearing registration No. DL-3cs-7541 to the plaintiff and these cheques were given as additional security. The respondent sold this vehicle to one Allah mehar and Allah Mehar further sold this vehicle to Pankaj Bhandari and Mohd. Achchan.

(3.) THE trial court considered that the defence raised by the petitioner seems to be an illusory and moonshine, yet he thought it fit to give a chance to the petitioner to prove and substantiate his plea to the effect that the loan was availed by him on hypothecation of his vehicle. The trial court, therefore, granted conditional leave to defend and directed the petitioner to deposit a sum of Rs. 3 lac in the Court in the shape of an FDR.