Final Order 8

Order Details: COPY OF ORDER
Pdf Text: 27Civ Suit47/25
KAMLESH KUMAR OJHA
Vs.
DINESH CHAND JAIN
30.07.2025
Present: None for plaintiff.
Sh. Sachin Kumar Shukla, Ld. Counsel for Defendant.
Orders during the court of the day.
(Ajay Kumar Malik)
JSCC/ASCJ/G. Judge(N/E)
30.07.2025
At. 4.00 PM
Present: None
By this order, I shall dispose of an application under
order 37 rule 3 (5) thereby seeking leave to defend the suit by the
defendant. It is submitted that the plaintiff has filed the suit for the
recovery of Rs.1,50,000/- along with interest. It is further submitted
that the defendant caused the appearance within stipulated time of
10 days. The plaintiff has filed the plaint on the basis of forged and
fabricated documents in order to mislead the court and correct facts
have not been disclosed. It is also submitted that the present suit is
not maintainable as the plaintiff has conceived true and material
facts and has committed the criminal breach of trust. It is also
submitted that the defendant always wanted to help the plaintiff for
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recovery of aforesaid amount from a lady namely Malti w/o
Parmanand and defendant has not only issued 3 security blank post
dated cheques in the name of plaintiff but also signed few papers as
guaranter in order to safeguard plaintiff. In fact, the defendant
already paid the said loan amount to plaintiff in cash but
unfortunately not precured any receipt regarding that. It is further
submitted that the defendant has already paid the sum of Rs.
1,50,000/- in cash so, the filing of present suit is gross malafied at
on behalf of plaintiff. The plaintiff has not paid the proper court
fees and claiming the Rs.99,000/- extra/exceed amount which
cannot be decided without hearing the case on merits. The
defendant is having bonafied grounds in his favour and the
defendant has to enough material and substance in defense put
forth by defendant to defend the present suit.
Per contra it is submitted by plaintiff that the present
suit has been filed under order 37 CPC. It is further submitted that
the defendant has failed to disclose any issue which needs the trial
in court.
Perusal of record shows that the applicant/defendant
has admitted the factum of loan and the factum of handing over
cheques to the plaintiff. Although, the applicant/defendant has
averred that he has paid the amount of Rs.99,000/- to the plaintiff
but has not obtained any receipt for above cash paid to plaintiff.
The defendant has admitted the factum of loan but has failed to
raise any defense so, as to inspire the confidence of court that the
defendant has already paid the loan amount to plaintiff. The
applicant/defendant also failed to disclose that what is that criminal
breach of trust played by defendant and how the plaintiff has
mislead the court. The applicant/defendant failed to give any
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submission and also failed to raise any triable issue hence, the leave
to defend filed by defendant is hereby dismissed.The suit of
plaintiff is decreed. The plaintiff is entitled to recover the amount of
Rs.1,50,000/- from the defendant and also entitle to recover a
simple interest @ 8% p.a. from date of filing.
Separate decree sheet be prepared.
File be consigned to record room after due compliance.
(Ajay Kumar Malik)
JSCC/ASCJ/G. Judge(N/E)
30.07.2025
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