KADHIRVEL Vs. VINOD KUMAR

JUDGEMENT

(1.) The present appeal under Section 96 of the Civil Procedure Code, 1908 assails judgment and order dated 12.02.218 passed by the learned Additional District Judge, South District, Saket Court, Delhi whereby the application filed by the appellant/defendant seeking leave to defend the summary suit preferred by the respondent/plaintiff has been rejected and, consequently, the suit of the respondent has been decreed for a sum of Rs.12 lakh with pendente lite interest at the rate of 12% per annum and future interest at the rate of 6% per annum.

(2.) The suit from which the present appeal arises was filed by the respondent under the provisions of Order XXXVII Civil Procedure Code, 1908 ('CPC' for short) claiming inter alia that he had advanced a friendly loan of Rs.12 lakh to the appellant, for the purpose of constructing a house for himself in his native village in Tamil Nadu, in cash in a piecemeal manner on various dates in the period between December, 2010 to December, 2012. It was claimed that, from the withdrawals made out of the bank accounts of his family members and him, the respondent lent the entire sum to the appellant in the following manner:-

(3.) The respondent further claimed that the appellant had failed to repay the said loan amount and that, on his persistent demand, the appellant issued a post dated cheque bearing no.068141 dated 28.05.2013 drawn on UTI Bank Ltd. in the respondent's favour for a sum of Rs.12 lakh. The respondent contended that the said post dated cheque, when presented, was returned on 01.08.2013 with the remark 'payment stopped by the drawer'. Concomitantly, the appellant had also filed a complaint with the local police alleging therein that the respondent and his brother were in possession of a blank cheque signed by him which had been given by him at the time of obtaining loan of Rs.3 lakh from the respondent's father; he apprehended that the said cheque was likely to be misused by the respondent, even though the entire loan amount had been repaid.