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1985 Supreme(Del) 407

SULTAN SINGH
R. K. JAIN – Appellant
Versus
COL. S. K. MEHTA – Respondent


Advocates Appeared:
D.K.SHARMA, K.K.Garg, M.G.KAPUR

Sultan Singh. J.

( 1 ) THIS Revision under Section 115 of the Code of Civil Procedure is directed against the order dated 22-10-1984 of the Subordinate Judge, 1st Class, Delhi refusing leave to defend and passing a decree for Rs. 12,567. 65 with costs and future interest @ Rs. 1. 20 percent per mensem against the petitioner-defendant.

( 2 ). Briefly these are the facts.

( 3 ). The plaintiff-respondent filed a suit under Order 37 of the Cods of Civil Procedure. He has alleged that the petitioner had taken a loan of Rs. 10. 000. 00 repayable with interest @ 1. 20 per mensem; that the defendant issued two cheques (1) for Rs. 7,500. 00 dated 19-1-1983 and (2) for Rs. 3,100. 00 dated 1-2-1983 towards repayment of the loan in favour of the plaintiff; that the cheques presented to the bankers were returned with the remarks "refer to the drawer". The plaintiff sent notice dated 25-2-1984 demanding the amount but getting no response he filed this suit. The defendant entered appearance. Application for summons for judgment was filed and the petitioner defendant filed an application for leave to defend. The petitioner has pleaded that the application for summons for judgment was not signed by






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