MAHESH KUMAR JOSHI VERSUS MADAN SINGH NEGI

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 450 OF 2015

(ARISING OUT OF SLP (C) NO.11191 of 2013)

MAHESH KUMAR JOSHI …APPELLANT

VERSUS

MADAN SINGH NEGI …RESPONDENT

 

The respondent-plaintiff filed suit under Order XXXVII of the Code of Civil Procedure (for short “the Code”) on 4th November, 2009 seeking a decree for Rs.3 lacs with costs and interest alleging that the appellant-defendant gave two cheques for Rs.3 lacs towards purchase price of Plot No.71-A, measuring 233 sq. yard situated in Ram Park Extension Colony, being Khasra No.196(Main), village Loni, District Ghaziabad, Uttar Pradesh which were dishonoured inspite of plaintiff having executed the requisite documents and handed over peaceful vacant possession of the plot in question. Though the summons were duly served on the wife of the appellant on 19th December,2009, the appellant failed to enter appearance within ten days on which the trial Court passed the ex-parte decree on 24th February, 2010.The appellant sought setting aside of the said decree by filling the application dated 25th March, 2010 under Order XXXVII Rule 4 of the Code. He submitted that the power of attorney dated 10th October, 2004 in favour of the plaintiff by Smt. Asha Negi, the alleged owner of the plot in question, did not specify the plot number and the appellant found no such plot inexistence in the records of the Ghaziabad Development Authority. Instead of Plot No.71-A, the number of the plot was71 which did not belong to Asha Negi but to someone else. Thus, the appellant did not get possession of the plot and the cheques in question could not be taken to be in discharge of any liability. The transaction was without any lawful consideration and was void. The application was contested by the respondent and the trial Court vide Order dated 12th January, 2012 dismissed the application which order has been affirmed by the High Court….read more