MUKESH KUMAR Vs. PARVEEN KUMAR

JUDGEMENT

(1.) Present appeal has been preferred by the appellant Mukesh Kumar to impugn an order dated 18.09.2017 of learned Addl. District Judge whereby his application under Order IX Rule 13 CPC was dismissed being barred by limitation.

(2.) Notice of the appeal was given to the respondent. The respondent did not opt to appear despite service and was proceeded ex-parte.

(3.) I have heard learned counsel for the appellant and have examined the file. It is not at issue that the respondent had filed a suit for recovery of Rs. 3,93,546.15/- against the appellant on 06.01.2016. The appellant did not appear in the said suit despite service and was proceeded ex-parte. The case was finally decreed by the Trial Court on 06.09.2016. The respondent thereafter filed execution petition and pursuant to that at one stage the appellant's brother issued a cheque in the sum of Rs. 3 lacs for satisfaction of the decreetal amount. However, on presentation, the said cheque was dishonoured.