Prakash Gupta, J.

1. Present first appeal is directed against the order dated 28.10.2017 passed by Additional District & Session Judge, No. 7, Jaipur Metropolitan, Jaipur whereby the trial court allowed the application filed by the defendants under Order 7 Rule 11 CPC and rejected the plaint under Order 7 Rule 11 CPC.

2. Brief facts giving rise to this appeal are that the appellant-plaintiff filed a suit for recovery of Rs. 20 lacs and interest accrued thereon. In the plaint, it is stated that defendants-respondents took a loan vide cheque dated 18.02.2013 which was encashed on 23.02.2013 with an assurance and agreement that the same would be returned after 1-2 months. It is also stated in the plaint that the defendants did not return the aforesaid loan amount within the stipulated period despite several requests made by the plaintiff. Ultimately a legal notice was sent to the defendants on 17.08.2013, asking them to pay the loan amount. The same was replied by the defendants denying the said amount to be a loan.

3. The defendants resisted the suit by filing