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2017 Supreme(Del) 4059

VALMIKI J.MEHTA
Hari Singh – Appellant
Versus
Prem Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Gurmeet Singh, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J.

1. Two Regular First Appeals under Section 96 of the Code of Civil Procedure, 1908 (CPC) are being disposed of by this common judgment. The impugned judgments of the trial court are dated 10.6.2016 (RFA No.735/2017) and 12.7.2016 (RFA No. 736/2017) by which the leave to defendant applications under Order XXXVII Rule 3(5) CPC of the appellants have been dismissed and the money recovery suits for Rs.6,80,000/- and Rs.5,50,000/- have been decreed in favour of the respondent/plaintiff with interest at the rate of 10% per annum.

2. The facts of the case are that the appellants approached the respondent/plaintiff for friendly loans. Appellants are husband and wife. To the husband (appellant in RFA No. 735/2017) respondent/plaintiff granted a friendly loan of Rs.1.3 lacs in August, 2008 by means of the following cheques:-

S.No.

Ch. No

Dated

Amount

Drawee Bank

1.

313915

06.08.2008

40,000.00

SCB Bank

2.

114917

07.08.2008

62,000.00

ABN AMRO Bank

3.

469412

07.08.2008

28,000.00

HSBC Bank

3. Respondent/plaintiff








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