BEENA PRASAD Vs. PRADEEP

JUDGEMENT

(1.) Original Petition is filed under Article 227 of the Constitution of India by the plaintiff in a Suit pending on the files of Sub Court, Chavakkad as O.S. No.3/2015. The 1st respondent in the Original Petition is the defendant in the above Suit and the 2nd respondent is his wife who is proposed to be brought on record as additional 2nd defendant.

(2.) O.S. No.3/2015 was a Suit filed for realisation of a sum of Rs.17,00,000.00 with interest from 30/12/2010 as well as future interest at the rate of 12% per annum arrived at pursuant to a compromise recorded in a prior suit pending on the files of Munsiff Court, Chavakkad as O.S. No.636/2010. Pursuant to the compromise, towards discharge of the liability a cheque was issued by the debtor, which was bounced on presentation for the reason, 'payment stopped by drawer'. Indigent Suit filed as POP No.14/2013 was lateron numbered as O.S. No.3/2015.

(3.) 1st defendant/1st respondent had filed written statement raising a counter claim. The petitioner/plaintiff had also filed written statement in the counter claim.