MOHD IBRAHIM Vs. NARESH KUMAR

JUDGEMENT

(1.) C.M. No.31207/2018(for condonation of delay)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 19.3.2018 by which trial court has dismissed the leave to defend application filed by the appellant/defendant and has decreed the suit filed under Order XXXVII CPC by the respondent/plaintiff for recovery of a sum of Rs. 5 lacs. The subject suit was filed for recovery of a loan amount of Rs. 5 lacs with respect to which two cheques were given and which were dishonoured.

(3.) The facts of the case are that the respondent/plaintiff pleaded that the appellant/defendant approached him for grant of a friendly loan of Rs. 5 lacs. This amount of Rs. 5 lacs was paid by the respondent/plaintiff to the appellant/defendant who acknowledged the same by his writing dated 6.2014. For repayment of loan amount with interest the appellant/defendant also issued two cheques dated 6.2014 and 10.7.2014. The cheques in question were not presented on the request of the appellant/defendant, however, once the loan was not paid the subject suit was filed under Order XXXVII CPC after serving the Legal Notice dated 17.12.2014. The appellant/defendant had sent a frivolous Reply dated 18.1.2015 to the notice and therefore the respondent/plaintiff had no option but to file the subject suit.