S. L. BHAYANA, J.

( 1 ) THIS is an appeal arising out of the order of the learned additional District and Sessions Judge, Delhi dated 29. 10. 2005 wherein the learned Trial Court has dismissed the application of the appellant for leave to defend the suit and has decreed the suit of the respondent/plaintiff. The brief facts of the case are that the plaintiff/respondent filed a suit for recovery of Rs. 3,88,000/- under the provisions of Section 37 of the Code of Civil Procedure. The plaintiff has alleged that the appellant/defendant had taken a friendly loan from the plaintiff in the sum of Rs. 3,00,000/- on 13. 8. 2002. The plaintiff had given a sum of Rs. 3,00,000/- in cash and the defendant executed and signed the receipt for the same. The defendant also gave an undertaking that he will return the said loan within a period of ten months w. e. f. 13. 8. 2002. The appellant/defendant also issued two post-dated cheques bearing Nos. 138230 and 144075 for Rs. 1,50,000/- each. Both the cheques were dated 13. 6. 2003. These cheques were drawn on State Bank of Hyderabad, Vikas Marg, Delhi in favour of the plaintiff. On 13. 6. 2003, the plaintiff presented these cheques with the bank for