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january 2015

Supreme Court of India · 2015-01-15

MAHESH KUMAR JOSHI vs MADAN SINGH NEGI

Citation / case number
SC 2012/29832
Court
Supreme Court of India
Petitioner
MAHESH KUMAR JOSHI
Respondent
MADAN SINGH NEGI
Author
ADARSH KUMAR GOEL
Bench
ADARSH KUMAR GOEL T.S. THAKUR

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's application to set aside an ex-parte decree under Order XXXVII of the Code of Civil Procedure, affirming that the suit was for recovery due to dishonour of cheques, not a property transaction. The Court noted that the presumption under Section 118 of the Negotiable Instruments Act applied, and the appellant failed to justify his non-appearance despite proper service. Consequently, the Court held that there were no grounds to set aside the decree, maintaining the lower courts' decisions.

MAHESH KUMAR JOSHI vs MADAN SINGH NEGI · Niyam