GURBACHAN SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) A prayer has been made in this petition for quashing the order dated 23.2.1996 of the learned Civil Judge (Junior Division), Ferozepur vide which he has declined an application of the petitioner-defendant seeking leave to defend the suit filed under Order 37 Rule 3(5) of the Code of Civil Procedure (hereinafter called as "Code") by the plaintiff.

(2.) THE plaintiff filed a suit under Order 37 of the Code on the basis of a promissory note alleged to have been executed by the defendant-petitioner in his favour. After service of the defendant, an application was moved by him for leave to defend the suit inter alia on the ground that the said promissory note was not executed by him and the same was forged and fabricated. He further stated in that application that he never borrowed the alleged amount nor he was liable to pay the same or any interest on it. Accordingly, a prayer was made by the defendant that he should be given leave to defend the suit.

(3.) THE learned trial court dismissed the application of the petitioner-defendant and refused to grant the permission to defend the suit on the following grounds which have been mentioned in the order of the trial court itself and are reproduced as under :