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.