PAWAN KUMAR Vs. JAGDEV SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 15.05.2010, Annexure P1 passed by learned Civil Judge (Senior Division), Bathinda vide which learned trial Court allowed the application of Respondent-Defendant filed under Order XXXVII, Rule 3(5) of the Code of Code of Civil Procedure (for short ' Code of Code of Civil Procedure ') for leave to defend unconditionally.

(2.) I have heard learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court.

(3.) Brief facts relevant for the decision of the present revision petition are that, a suit for recovery of Rs. 74,560/- was filed by Petitioner-Plaintiff against Respondent-Defendant under Order XXXVII Code of Code of Civil Procedure on the basis of pronote and receipt allegedly executed in his favour by Respondent-Defendant. Defendant put in appearance and filed application for leave to defend the said suit unconditionally on the plea that he has substantial defence to raise. He has taken the specific plea that he had been visiting the Commission Agent shop of Petitioner-Plaintiff situated at Goniana since 2001 and that in the month of April, 2007 he sold 81 bags containing 25 kgs. wheat each at the shop of Plaintiff and the Plaintiff retained entire amount of the same. He again sold his Narma crop for Rs. 2,977/- on 21.09.2007 regarding which receipt was issued by the brother of present Petitioner-Plaintiff, which was placed on the file. Respondent-Defendant again sold his Narma crop for Rs. 33,346.92p. on 09.10.2007 at the said shop of Plaintiff and regarding the same he filed photocopy of the receipt. Further plea has been taken that the Respondent-Defendant settled the account with the Plaintiff on that day. However, thereafter Plaintiff represented to Defendant that some formalities of Income Tax department are to be completed and his thumb impressions are required on some documents and, thus, thumb impressions of the Defendant were taken on some blank papers and the same were converted into the present pronote and receipt by the Petitioner-Plaintiff. Further plea has been taken that he had stopped visiting the shop of the Plaintiff and hence, the present suit has been filed.