NETRAPAL SINGH Vs. RAVINDER KUMAR KALYANAI & ANR

JUDGEMENT

(1.) Impugned order dated 05.12.2018 passed by the Court of learned Additional District Judge-03, South District, Saket Courts, New Delhi ('ADJ') granting an unconditional leave to defend to the respondents/defendants in Civil Suit No.192/2018 CNR No.DLST01-001337-2018 under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.10,00,000/- filed by the petitioner/plaintiff, is the subject matter of challenge in this revision petition.

(2.) The brief facts of the case are that the petitioner advanced a loan of Rs.10,00,000/- by cash on 01.08.2013 to respondent no.1 through respondent no. 2. The petitioner started asking the respondents to return the amount and finally on 08.10.2017, the respondents agreed to repay the principal amount of Rs.10,00,000/-. In pursuance of the same, respondent no.1 handed over a cheque bearing No.786855 for Rs.10,00,000/- drawn at Syndicate Bank, B.G.M. Sangh Hostel Sheikh Sarai, Phase-1, New Delhi - 110017 to the petitioner. The petitioner deposited the said cheque with his banker on 01.02.2018, which was dishonoured for the reason "account closed".

(3.) An application under Order XXXVII Rule 3(4) of the CPC was filed by the petitioner for issuance of the summons for judgment on 09.04.2018. Instead of filing application for leave to defend, the respondents filed their reply to the application filed by the petitioner under Order XXXVII Rule 3(4) of the CPC.