SH. RAJENDRA KUMAR vs MAMTA TANWAR

Judgment text excerpt

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20.01.2025 + RFA 43/2025, CM APPL. 3107/2025, 3106/2025 & 3105/2025 SH. RAJENDRA KUMAR .....Appellant Through: Mr. Sanjay Mani Tripathi and Mr. Rajnish Kumar, Advocates. versus MAMTA TANWAR .....Respondent Through: None. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The appellant has assailed judgment and decree dated 04.06.2024 of the learned District Judge, New Delhi District, Patiala House Courts, whereby leave to defend the suit under Order XXXVII CPC was denied to the appellant and the money recovery suit filed by the respondent was decreed. The appellant has filed entire relevant record of the Trial Court. Having heard the learned counsel for appellant and having examined the records, I do not find any ground to issue notice of the appeal. 2. Briefly stated, circumstances leading to the present appeal are as follows. RFA 43/2025 Page 1 of 7 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, ou=DELHI HIGH COURT, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb 4835d435f97626cacca, postalCode=110003, st=DELHI, KATHPALIA serialNumber=D3E86796451EC45C07B5D15570996B40F80C BD2EEE60402C487965FF801E26FA, cn=GIRISH KATHPALIA Date: 2025.01.20 18:20:43 -08'00' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:20.01.2025 18:48:54 2.1 The present respondent filed suit under Order XXXVII CPC against the appellant for recovery of cheque amount of Rs.6,50,000/-, pleading that she had purchased an immovable property from the appellant for a total sum of Rs.18,40,000/-; that at the time of execution of the sale deed, the appellant requested her for financial help, so she gave cash Rs.6,50,000/- to the appellant towards friendly loan and in return,