Delhi District Court
This Is A Suit Filed Under Order Xxxvii Of ... vs Suresh Kumar Page 1 Of 5 on 24 August, 2016
IN THE COURT OF MS. POOJA TALWAR, ADDL. SENIOR
CIVIL JUDGE-CUM- JUDGE SMALL CAUSE COURT-CUM-
GUARDIAN JUDGE, DISTRICT: SOUTH, NEW DELHI.
CS No. 47/2016
CNR No.DLST03-000677-2016
IN THE MATTER OF :-
Masi Ram
S/o Late Sumer Singh
R/o A-148, Devli Extension,
New Delhi. ......Plaintif
VERSUS
Suresh Kumar
R/o 220/221,
Block-J, Sector-5,
Dakshinpuri, New Delhi.
Also at:-
Government Senior Secondary
Boys/Girls School,
Block-C, Sangam Vihar,
New Delhi. ......Defendant
Date of institution : 03.03.2016
Reserved for Judgment : 23.08.2016
Date of decision : 24.08.2016
JUDGMENT
1. This is a suit filed under Order XXXVII of The Code of Civil Procedure (in short "CPC") by plaintiff against the defendants for recovery of sum of Rs.1,00,000/- (Rupees One Lakh) alongwith interest in favour of the plaintiff and against the CS No. 47/2016 Masi Ram Vs. Suresh Kumar Page 1 of 5 defendant alongwith cost.
2. The summons of the suit were directed to be issued to the defendant U/o 37 CPC in the prescribed form as defined under Order 37 (2) (Sub Rule 2) CPC vide order dated 03.03.2016. Defendant was served with summons of suit on 25.04.2016. As per report of Ahlmad, the defendant remained absent and did not put in his appearance within 10 days from the date of service.
3. I have heard the counsel for the plaintiff and perused the record.
4. Brief narration of facts is that defendant is working as Teacher in Delhi Government and presently posted at Government Senior Secondary Boys/Girls School, Block-C, Sangam Vihar, New Delhi. In the month of November, 2013, defendant approached the plaintiff requesting him for financial help as he was in urgent need of money and assured that the same would be returned on time. Plaintiff in good faith and keeping in view the request of defendant gave a friendly loan of Rs. 1,20,000/- on 22.11.2013. Thereafter, in the month of July, 2015, plaintiff contacted the defendant and asked his money back. In discharge of his legal liability, defendant issued a cheque bearing No.341639 dated 18.07.2015 for a sum of Rs. 1,20,000/- drawn on Indian Bank, 181-C, Khirki, Press CS No. 47/2016 Masi Ram Vs. Suresh Kumar Page 2 of 5 Enclave, Main Road, Saket, New Delhi in favour of plaintiff with assurance for its encashment. On presentation, the same was returned unpaid with remarks "Funds Insufficient" vide return memo dated 21.07.2015. Plaintiff informed the defendant regarding the said fact and asked his money. Thereafter, defendant apologized for his mistake and paid Rs. 20,000/- in cash and issued another cheque bearing no. 098233 dated 20.09.2015 for a sum of Rs. 1,00,000/- drawn on Plaintiff presented the cheque bearing no. 098233, the same was also returned unpaid with remarks "Funds Insufficient"
vide return memo dated 23.09.2015. Despite several requests, money has not been paid by the defendant. Plaintiff's legal notice dated 10.02.2016 did not elicit the desired response. Hence, the present suit.
5. The suit is based on an original cheque which is signed by the defendant and which is also placed on record in original by plaintiff. Hence, the same is covered within the provisions of Order 37 CPC and is also filed within limitation. There is no relief claimed by plaintiff which does not fall within the ambit of the provisions of Order XXXVII CPC.
6. It is relevant here to refer the relevant provisions of law which are as under:-
Order XXXVII Rule 3(1) CPC.
(1) In a suit to which this Order applies, the CS No. 47/2016 Masi Ram Vs. Suresh Kumar Page 3 of 5 plaintif shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such services, enter an appearance either in person or by pleader and, in either case, he shall file in court an address for service of notice on him.
Order XXXVII Rule 2(3) CPC.
(3)The defendant shall not defend the suit referred to in sub- rule(1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintif shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith.
7. In view of the above mentioned provisions of law, it is clear that if the defendant makes default in entering his appearance within ten days from the date of service of summons upon him, the allegations as leveled in the plaint shall be deemed to be admitted by him and the plaintiff shall be entitled to a decree. As per record, defendant has been served on 27.04.2016 with the summons. Till date, no CS No. 47/2016 Masi Ram Vs. Suresh Kumar Page 4 of 5 appearance has been entered into by the defendant and accordingly, the allegations made in the plaint are deemed to be admitted by defendant entitling the plaintiff to a decree straightway.
8. In view of aforesaid discussion, suit of the plaintiff is decreed for a sum of Rs.1,00,000/- (Rupees One Lakh) with interest @ 9% per annum from the date of filing of the suit till the date of decree in favour of the plaintiff and against defendant. Cost of suit is also awarded in favour of plaintiff and against the defendant.
9. Decree-sheet be prepared accordingly.
10. File be consigned to Record Room, after due compliance.
(Pooja Talwar) JSCC-cum-ASCJ-cum-GJ South District, Saket Courts, New Delhi.
Announced in the open Court today i.e 24th August, 2016.
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