JUDGMENT :

H.B. Prabhakara Sastry, J.

1. The defendant No. 1-Company in the Court of the VI Addl. City Civil Judge, Bengaluru (CCH-11), (hereinafter for brevity referred to as ‘trial Court’) has filed this appeal against the judgment and decree dated 26.2.2007, passed by the trial Court in O.S. No. 1592/1998, wherein it had decreed the suit filed by the present respondent No. 1/plaintiff for recovery of money. The present respondent No. 2, with respect to whom, the notice has been dispensed with in this appeal, was defendant No. 2 in the trial Court.

2. The summary of the case of the plaintiff in the trial Court was that defendant No. 1/ appellant-Company, through its employees, had contacted the wife of the plaintiff intimating her that she had won a gift and the same would be handed over to her in a presentation to be held at "THE PROMENADE" an establishment at Nandi Durga Road, Bengaluru. However, when the plaintiff and his wife went there, one Mr. Vivek and one Mr. Sajji, representing the defendant-Company, persuaded them to become member of defendant No. 1. Though the plaintiff was reluctant, however, the said Mr. Vivek and Mr. Sajji succeeded in making the plaintiff to part away