OGINDER SINGH Vs. HARIPAL PILANIYA

JUDGEMENT

(1.) DEFENDANT , being aggrieved by order dated 06.08.2013 Annexure P- 4 passed by the trial Court, thereby dismissing application Annexure P-2 filed by defendant under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint Annexure P- 1 instituted by respondent- plaintiff against the defendant-petitioner, has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India to challenge order Annexure P-4.

(2.) PLAINTIFF alleged in the plaint that the parties had friendly relations. On demand of friendly loan by the defendant, the plaintiff advanced Rs.50,370/- to the defendant by transfer from bank account of plaintiff's wife Neelam to bank account of the defendant. The plaintiff has filed suit for recovery of the said amount along with interest.

(3.) THE plaintiff by filing reply Annexure P-3 opposed the application and controverted the averments made therein.