JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing the Civil Revision filed under Section 115 of the Code of Civil Procedure, 1908 (in short the ‘Code’).

The background facts in a nutshell are as follows :

3. Under a Hire Purchase Agreement executed between the appellant (hereinafter referred to as the ‘Financier’) and the respondent no. 1 (hereinafter referred to as ‘Hirer’) possession of truck No. HR-46-C-3689 was handed over to the hirer subject to compliance of the terms and conditions of the agreement. As per the terms and conditions stipulated in the agreement, the hirer was to repay the total financed amount of Rs. 9,24,000/- in 33 monthly instalments of Rs. 28,000/- each. As per the agreement the first instalment was payable on 25.10.2000 and the last instalment was payable on 25.6.2003. In case of default in making payment of the monthly instalment the hirer was liable to pay delay charges. Clause 10 of the agreement which is relevant for this purpose of this appeal reads as follows :

“10. In case the Hirer shall during the continuance of this Agreement do or suf