SATISH Vs. RAM PRAKASH PRAJAPAT

JUDGEMENT

(1.) This civil writ petition has been preferred claiming the following reliefs:

(2.) As the pleaded facts and the record would reveal, the genesis of the present dispute is traceable to the year 2016, when the plaintiff/respondent advanced a sum of Rs.1,00,000.00 as an additional amount, apart from the amount, as advanced earlier to the defendant/petitioner by the plaintiff/respondent, in the same year; while taking such additional sum as loan, the defendant/petitioner assured the plaintiff/respondent to return the amount alongwith agreed interest till December 2016. In course of the same, the defendant/petitioner issued a cheque of Rs.2,00,000.00 in favour of the plaintiff/respondent, but the same, upon being presented before the concerned Bank, came to be dishonoured on 5/5/2017.

(3.) During pendency of the civil suit, the defendant/petitioner filed an application under Order 37, Rule 3 Sub-Rule (5) read with Sec. 151 CPC, reply whereto was filed by the plaintiff/respondent, denying the contents of the application.