PREM MOTORS PVT. LTD. Vs. RAJENDRA UPADHYAY

JUDGEMENT

(1.) This civil revision under Sec. 115 C.P.C. has been filed against order dtd. 06/03/2025 passed by Twentieth Civil Judge, Junior Division, Gwalior in Regular Civil Suit No.781-A/2022 by which an application filed by applicant under Order 7 Rule 11 of C.P.C. has been rejected.

(2.) The facts necessary for disposal of present revision, in short, are that respondent has filed a suit for declaration and mandatory injunction to the effect that two blank cheques were given to defendant, which were not to be encashed and those cheques were to be kept by defendant in his safe custody. Later on, it was found that defendant with a dishonest intention has filled up the entries and has got the cheques bounced and instituted a proceeding under Sec. 138 of Negotiable Instruments Act (in short, "N.I.Act") and accordingly, during the cross-examination of defendant, it was alleged by defendant that cheques were issued in discharge of legal liability and accordingly, the cause of action for filing civil suit arose on 03/08/2022. The suit was filed for declaration that two cheques No.091287 and 091288 were given to defendant only for keeping the same in safe custody and on the basis of those cheques, defendant is not entitled to receive any amount and a mandatory injunction was also prayed that defendant be directed to return the blank cheques back to plaintiff and in case if cheques are not returned, then they should be treated as cancelled.

(3.) An application under Order 7 Rule 11 of C.P.C. was filed on the ground that not only the suit does not disclose any cause of action, but it is also barred by time.