Order 1

Order Details: COPY OF ORDER
Pdf Text: -3-
CS No. 453/2024
Abdul Rehman vs. Chander Pal Kashyap
16.08.2024
Pr.: Plaintiff in person with Sh. Raju Kanojia and Sh. Harkesh
Nishad, Ld. Counsels.
Present suit under Section XXXVII CPC has been filed
on behalf of plaintiff. Case of the plaintiff is that he has entered
into some transactions of property with defendant and at different
stages, different amount of money was paid by the plaintiff to the
defendant out of which Rs.1,20,000/- was returned by the
defendant to the plaintiff. Finally, when the defendant could not
fulfill his agreement to sell the property to the plaintiff, despite
changing 2-3 properties and transactions, he finally issued a
cheque of Rs.5,30,000/- drawn on Axis Bank Ltd., Mayur Vihar,
New Delhi 110091 dated 26.09.2022, but the same was not
presented by the plaintiff to the bank as per the oral request made
by the defendant to delay the deposition of the cheque.
Suit under Order XXXVII CPC is only maintainable if
the following three conditions, as specified in Rule 2 are
fulfilled:
“(2) Subject to the provisions of sub-rule (1), the Order
applies to the following classes of suits,namely:—
(a) suits upon bills of exchange, hundies and promissory
notes;
(b) suits in which the plaintiff seeks only to recover a debt
or liquidated demand in money payable by the defendant,
with or without interest, arising,—
(i) on a written contract, or
-- 1 of 2 --
-4-
(ii) on an enactment, where the sum sought to be
recovered is a fixed sum of money or in the nature of a
debt other than a penalty; or
(iii) on a guarantee, where the claim against the principal
is in respect of a debt or liquidated demand only.]”
None of these conditions are fulfilled in the present case
as the cheque of Rs.5,30,000/- was not deposited by the plaintiff
admittedly, to the bank, within the stipulated period therefore, I
am of the opinion that suit prima facie is not maintainable under
Order XXXVII CPC.
Original cheque of Rs.5,30,000/- is filed on record.
At this stage, Ld. Counsel for plaintiff seeks time to
advance arguments on the maintainability of suit under Order
XXXVII CPC.
Heard. Allowed.
Put up for further proceedings on 17.09.2024.
(Shail Jain)
Principal District & Sessions Judge,
East District, KKD Courts, Delhi.
16.08.2024 (pm)
-- 2 of 2 --