BHAHADUR SINGH Vs. YASH CHOUHAN

JUDGEMENT

(1.) By this revision petition under Sec. 115 of the CPC, the defendant has challenged the order of the trial Court dtd. 15/05/2018 rejecting the petitioner's application under Order 7 Rule 11 of the CPC.

(2.) Learned counsel appearing for the petitioner submits that the trial Court has committed an error in rejecting the said application.

(3.) Having heard the learned counsel for the petitioner, on the perusal of the record, it is noticed that the respondent has filed the suit for recovery of a sum of Rs.52,000.00 along with interest. The said suit has been filed on the basis of the agreement which was allegedly executed between the parties on 12/12/2016 in pursuance to which certain amount was received by the petitioner from the respondent. It has further been alleged that in pursuance to the said agreement, a part of the amount was returned by the petitioner to the respondent but the balance amount of Rs.52,000.00 though was agreed to be returned but was not returned. Hence, the prayer for return of the amount along with interest was made.