SHARAN PAL SINGH Vs. ARS CONSTRUCTION

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 17.04.2018 passed by Civil Judge (Junior Division), Chandigarh, vide which application filed by the defendant/petitioner under Order 7 Rule 11 CPC for rejection of plaint was dismissed.

(2.) Plaintiff/respondent filed a suit for declaration to the effect that the principal loan amount of Rs.76,00,000/- paid through account of the plaintiff with Corporation Bank to the account of the defendant with Punjab and Sind Bank is payable by the defendant to the plaintiff. Declaration is sought that the defendant is liable to pay the aforesaid amount with interest @ 24% per annum from 19.10.2012 till the actual date of payment. Further declaration is also sought that the defendant is bound due to his own fault to furnish sufficient security for securing repayment of the said amount. Perpetual mandatory injunction is also prayed to restrain the defendant from creating any charge over the property.

(3.) Pleadings in terms of para Nos.2 and 3 of the plaint are reproduced hereasunder:-