M.YUVARAJ Vs. ADHISESHA RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed by the plaintiff, aggrieved by the order dtd. 22/7/2019 passed in O.S. No. 85 of 2018 on the file of Subordinate Court, Ponneri. The order dtd. 22/7/2019 passed by the trial Court, which is impugned in this Civil Revision Petition, reads as follows:

(2.) The plaintiff has filed the suit for recovery of Rs.6,00,000.00 with interest from the defendant.

(3.) According to the plaintiff, his nephew by name Naresh Kumar was employed as driver under the defendant. The defendant is a Doctor by profession. The plaintiff is also working as a car driver. The plaintiff used to meet his nephew Naresh Kumar at the place of his employment. During such time, he came into close proximity with the defendant. According to the plaintiff the defendant lured him to pay a sum of Rs.6,00,000.00 to him so that he will purchase a car for him. Believing such representation to be true, the plaintiff, by pledging the jewels and by arranging hand loan, paid a sum of Rs.6,00,000.00 to the defendant. The sum of Rs.6,00,000.00 was deposited into the bank account of the defendant by NEFT in Account No.P15082512167896 from his Canara Bank Account bearing Account No.3725101008940 on 25/8/2015. While so, on 17/7/2016 when his nephew Naresh Kumar was driving the car, in which the wife of the defendant was an occupant, the car met with an accident in which the Naresh Kumar as well as the wife of the defendant died. Thereafter, when the plaintiff demanded the defendant to repay the amount inasmuch as the defendant did not purchase a car as promised, the defendant said to have threatened the plaintiff with dire consequences. Therefore, the plaintiff through his counsel has sent a legal notice on 15/7/2007 demanding repayment of a sum of Rs.6,00,000.00 with interest. On receipt of the notice a reply notice dtd. 4/8/2017 was sent by the defendant denying averments in the notice. Thereafter, the plaintiff has filed the instant suit and Order XXXVII Rule 1 and 2 of the Code of Civil Procedure (in short, CPC), so as to be tried as a summary proceeding.