(1.) This revision petition has been preferred against the order dated 21.03.2016 passed by the Civil Judge (Jr. Divn.) Nakodar whereby an application for leave to defend the summary suit under Order 37 CPC was allowed.
(2.) Brief facts are that the plaintiff/petitioner filed a suit under Order 37 CPC for recovery of Rs.28,500/- i.e. Rs.25,000/- as principal amount and Rs.3500/- as interest @ 12% per annum from 02.10.2014 to till date on the basis of undertaking dated 02.10.2014 executed by the defendant in favour of the plaintiff, together with costs of the suit and pendente lite interest. The summons of the suit were issued on 22.01.2016 in the prescribed form. Defendant was required to move the application for leave to defend the suit within 10 days from the date of receipt of the summons, which were served upon him on 27.01.2016.
(3.) Under Order 37 Rule 3(5) CPC the defendant was to apply for leave to defend at any time within 10 days from the service of such summons by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend the suit. Period of 10 days expired on 06.02.2016. The defendant filed an application on 20.02.2016 for leave to defend the suit. In the application, the defendant denied borrowing any amount from the plaintiff, rather defendant pleaded that one Sital of village Rangra, Tehsil Nakodar borrowed a sum of Rs.15,000/- from the plaintiff by keeping his motorcycle as security. The defendant stood guarantor for Sital. Plaintiff took the blank stamp paper of Rs.50/- from the defendant and took signature of the defendant over it and thereafter the same was misused in the form of affidavit in a fraudulent manner. The suit has not been filed on the basis of any pronote or receipt and the affidavit executed was not a negotiable instrument.