JUDGMENT

1. The present appeal has been preferred by the appellant/plaintiff, being aggrieved by the impugned order dated 23.07.2022, whereby the application filed by the respondent/defendant under Order VII Rule 10 CPC came to be allowed.

2. The facts in a nutshell are that the appellant preferred the underlying civil suit for recovery of Rs.10 lacs along with interest, claiming that he had provided a friendly loan of Rs.10 lacs to the respondent. It was averred that the said sum was transferred from the appellant’s account maintained with Karnataka Bank Ltd., Savita Vihar Branch, Delhi. The appellant had further claimed that towards discharge of its liability to pay the said amount, the respondent had issued cheque no. 000072 dated 03.03.2016 for Rs.10 lacs

drawn on HDFC Bank, Bellari Branch, Karnataka. The said cheque, when presented by the appellant at his bank in Delhi, got dishonoured. Claiming jurisdiction at Delhi, the appellant had sought recovery of the aforesaid amount.

3. While contesting the impugned order, Mr. Jain, learned counsel for the appellant, contended that the Trial Court erred in allowing the respondent’s application under Order VII Rule 10 CPC without appreciat