NARESH AMBALAL KHALAS Vs. MOHANLAL K KHALAS

JUDGEMENT

(1.) This application is directed against the order of the City Civil Court, dated 15-2-1990 whereby for granting leave to defend summary suit the learned single Judge has imposed condition of payment of Rs. 8,000/-. The petition-defendant is aggrieved by said order and has come to this Court under Section 115 Civil Procedure Code.

(2.) It appears that the respondent- plaintiff instituted Summary Suit No. 1406/89 to recover amount of Rs. 38,429/- with interest at the rate of 9% p.a. from the date of suit. It was claimed in such suit that various loans were advanced to the defendant. The defendant was in need of Rs. 7,500/- when he wanted to get possession of his house and said amount was advanced to the defendant. It is further alleged that the defendant was in need of money for the purpose of opening a church as that contract was given to the defendant. For that work amount of Rs. 7,000/- was paid to the defendant. It was further stated that for contract to processing division of Calico Mill further advance of Rs. 7,084.40 ps. was made to the defendant. The plaintiff has by notice called upon the defendant to pay the amount. The defendant has even executed promissory note and has failed to pay up the amount.

(3.) The defendant appeared in the suit and has filed his application for leave to defend at Exh. 38. In such application for leave to defend he inter alia contended that no promissory note is executed by him and that the signature below the promissory note is a got up and concocted one. He has further stated that there were no transaction between him and the plaintiff and that the suit was totally false and liable to be dismissed.