HARISH KUMAR BHOLA Vs. CHANDER BHAN

JUDGEMENT

(1.) Rfa 468/2017 & CM APPL. 17035/2017 (Stay)

(2.) The Defendant initially filed an application under Order XXXVII Rule 3(5) of CPC seeking leave to defend on 19th May, 2015. However, the same was amended by the Defendant. The amendment was allowed on 7th April, 2016.

(3.) The main defence of the Defendant is that the loan agreement is fictitious and a sham document which was signed on blank papers by the Defendant. The submission of the Defendant is that there was an earlier property transaction with the Plaintiff, by which the Defendant had purchased a property from the Plaintiff. Since the electricity meter of the said property had to be transferred in the name of the Defendant and the Plaintiff had agreed to assist in the said DESU meter being transferred. The Defendant submits that the said blank papers were signed for the purpose of transfer of the DESU meter.