M. S. A, Siddiqui, J.

( 1 ) BY this order, I propose to dispose of the application Filed by the defendant under Order 7, Rule II, CPC.

( 2 ) THE plaintiff filed this suit tor declaration and permanent injunction on the allegations that the plaintiff was interested in purchasing a flat for his residence. He, therefore, approached the defendant, who was dealing in real estate business. Some time in the month of December, 1994 the defendant informed the plaintiff about a flat offered lor sale for Rs. 7,00,000. 00. Due to financial constraints, the plaintiff expressed his inability to pay the entire consideration in a lumpsum. However, on the defendant s suggestion to furnish some security in the form of bearer cheques for finalising the deal, the plaintiff issued the following bearer cheques in favour of the defendant.

( 3 ) ACCORDING to the plaintiff, he deliberately omitted to mention the date of issue on the said cheques and it was agreed between the parties that the defendant would lake the plaintiff into confidence before their presentation for encasement. Some lime in the second week of April, 1996, the plaintiff desired to call off the deal and requested the defendant to return

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