IN THE COURT OF CIVIL JUDGE, SHAHDARA DISTRICT, KARKARDOOMA COURTS,

DELHI

Presided By : Sh. Vaibhav Chaurasia, DJS

Civil Suit No: 742/2018

Shri Ajay Jain

S/o Shri Mahesh Kumar Jain
R/o 201/61B, Krishna Gali no. 5,
Adrash Mohalla, Maujpur,
Delhi-110053 … Plaintiffs
Versus
... Defendant

SUIT FOR RECOVERY OF Rs. 20000/- (RUPEES

TWENTY THOUSAND ONLY) ALONGWITH COSTS,
PENDENTE-LITE AND FUTURE INTEREST @ 18%
PER ANNUM.

DATE OF INSTITUTION : 31.07.2018

DATE OF ARGUMENTS : 27.01.2020
DATE OF DECISION : 11.03.2020
JUDGMENT
1. The plaintiff has filed the present suit under the provisions of
Order XXXVII of the Code of Civil Procedure, 1908 (“CPC”) on the
basis of a cheque issued in his favour by the defendant viz cheque
bearing no.000374 dated 10.02.2018 of Rs.20,000/-, drawn upon
HDFC Bank,Greater Kailash, New Delhi-110048. It is prayed in the
suit that a decree be passed in favour of the plaintiff and against
the defendant for a sum of Rs.20,000/- along with costs and
pendente-lite and future interest @ 18% per annum.

2. In brief, the case of the plaintiff as discernible from the plaint

and documents is that the plaintiff and the defendant Defendant is
running the business of Ayurvedic products and medicine; the
defendant is known to the plaintiff and are on friendly terms; the
defendant approached the plaintiff in month of November 2017 and
sought financial help of ₹ 20,000; that there from the amount of ₹
20,000 was credited in the account of the company of the
defendant; that on 24.01.2018, the plaintiff contacted the
defendant and demanded the loan amount and to the discharge of
legal liability, defendant issued a cheque bearing no.000374 dated
10.02.2018 of Rs.20,000/-, drawn upon HDFC Bank,Greater Kailash,
New Delhi-110048. and same was presented with the bank of the
plaintiff which was dishonoured due to reason stop payment vide
returning memo dated 14.02.2018 and therefrom the same was
intimated to the defendant but defendant flatly refused to pay the
cheque amount, therefore legal notice was served upon the
defendant dated 08.03.2018, however no amount have been paid
and in view thereof present suit
3. A perusal of the order-sheets reveals that upon filing of this
suit, the summons as prescribed under Form 4, Appendix B,
Schedule 1 of CPC were ordered to be issued against the defendant
on 09.06.2016. The said summons were served upon the defendant
on 21.12.2018. Thereafter, the Ahlmad was directed to report
whether any appearance has been filed by the defendant. The
Ahlmad has reported that till date no appearance has been filed by
the defendant.

4. I had heard Ms. Jayaprada, Ld. Advocate for the the plaintiff
on 27.01.2020 The Ld. Advocate for the plaintiff had submitted
that in terms of provisions of Order XXXVII, Rule 2(3) of CPC, since
no appearance has been filed by the defendant, the allegations
made in the plaint are deemed to be admitted by the defendant and
the plaintiff is entitled to judgment, forthwith.
5. After perusing the record of the Court file, I find that the
present suit has been filed within the period of limitation against
the defendant as the defendant had issued the cheque bearing
no.000374 dated 10.02.2018 of Rs.20,000/-, drawn upon HDFC
Bank,Greater Kailash, New Delhi-110048 and the present suit has
been filed on 31.07.2018. Further, I find that the submission made
by the Ld. Advocate for the plaintiff is in conformity with the
provisions of Order XXXVII, Rule 2(3) of CPC. Order XXXVII, Rule
2(3) of CPC reads as under:
“(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 plaintiff 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.”

6. Thus, keeping in view the specific mandate of Order XXXVII,

Rule 2(3) of CPC and the fact that the defendant has not filed the
appearance, within the statutory period prescribed under Order
XXXVII of CPC, the present suit is hereby decreed for a sum of Rs.
20000/- (Rupees Twenty Thousand Only) along with costs in favour
of the plaintiff and against the defendant.

7. In the prayer clause of the plaint, the plaintiff has claimed

pendente-lite and future interest @ 18% per annum. In view of
friendly relations between the parties and loan being friendly loan,
pendente-lite interest of 6% is granted. The prayer for grant of
future interest is declined in view of Order XXXVII Rule 2(3) of CPC,
1908. Thus, it is ordered that the plaintiff shall only be entitled to
pendente-lite interest at the rate of 6% per annum on the sum of
Rs. 20000/- (Rupees Twenty Thousand Only), from the defendant.

8. File shall be consigned to the record room after preparation of

decree sheet by the Reader.

Announced in open Court (Vaibhav Chaurasia)

today on 11.03.2020 Civil Judge/Shahdara district
Karkardooma Courts/Delhi