P.S. Patwalia, J. - (1.)The present revision petition is directed against the order passed by the learned Civil Judge (Jr. Division), Chandigarh whereby an application filed by the petitioner-defendant seeking leave to defend the suit under Sec. 37 Code of Civil Procedure has been rejected.
(2.)Counsel for the petitioner has pointed out that that the plaintiff is claiming the refund of the loan amount of Rs. 55,000.00 as security for which a post dated cheque dated 26.2.2002 had been issued by him. While referring to a receipt Annexure P-1, learned counsel submits that in fact on 26.2.2002 he had repaid the entire amount and as a token of it the same the plaintiff had given the said receipt. He states that no further amount was due to the plaintiff. He therefore states that he has a specific defence to plead. He had been denied this opportunity by the trial Court.
(3.)As against this, learned counsel for the respondent-plaintiff submits that in fact the receipt is a bogus document. No reference to the receipt has been made in the application seeking leave to defend the suit. Therefore according to him the defence is totally frivolous and the application for leave to defend has rightly been rejected by the trial Court.