VINOD KUMAR AGARWAL Vs. JAGDISH PRASAD

JUDGEMENT

(1.) This revision petition has been preferred to this Court against the Order dated 14.9.1993 (Annexure-6) passed by the learned Chief Judicial Magistrate-cum-Civil Judge, Bharatpur, whereby the said court had dismissed petitioner's/defendant's application under Order 7 Rule 1.1 read with Sections to & 151 of the CPC.

(2.) The girevance of the petitioner as unfolded by this revision petition in short is that the non- petitioners/plaintiffs filed a Civil Suit in the court of Civil Judge, Bharatpur against petitioner-defendant for payment of damages to the tune of Rs. 45,000.00 for the alleged defence of having published defamatory material against them, which culminated in filing of the said suit by the plaintiffs.

(3.) On 27.00.1992 one Mahesh Chandar, S/o Shiv Charan R/o Kirawali, District Agra, Uttar Pradesh, who is the real brother of non-petitioner Nos. 1 & 3 and son of Non- petitioner No. 2 had sent a registered notice through his counsel to the petitioner-defendant contending inter-alia that the non-petitioners had advanced a sum of Rs. 50,000.00 to the petitioner-defendant on the execution of a promissory note, but since the said amount had not been returned within the stipulated period, the defendant was liable to pay that amount to the plaintiff along with interest w 2% per annum and costs failing which legal consequences will follow. This fact has been clarified by notice dated 27.06.1992 vide (Annexure-1) to this petition.