LAWS(DLH)-2009-4-195

KRISHAN LAL Vs. MEET FINANCE COMPANY

Decided On April 21, 2009
KRISHAN LAL Appellant
V/S
MEET FINANCE COMPANY Respondents

JUDGEMENT

(1.) PRESENT petition has been filed under Article 227 of constitution of India challenging the order dated 30th November, 2005 passed by ADJ by virtue of which petitioners appeal under order 41 CPC against judgment dated 23rd October, 2004 passed by Civil Judge was dismissed. It is pertinent to mention that Civil judge vide said order had dismissed petitioners suit being No. M-49/2002.

(2.) BRIEFLY stated the relevant facts of this case are that on 10th august, 1983 petitioner/plaintiff purchased a three wheeler scooter (hereinafter referred to as "vehicle") bearing registration no. DHR-6761 for a total consideration of Rs. 15,000/ -. While petitioner/plaintiff himself paid a sum of Rs. 5,000/-, balance amount of Rs. 10,000/- was given as loan by respondent/defendant finance company. The said loan of rs. 10,000/- was to be repaid in twenty-four equal monthly installments of Rs. 616/ -.

(3.) IN July, 1985 petitioner met with an accident and according to Mr. Tandon, learned counsel for petitioner, petitioner was bed ridden till October 1985.