MANISH KUMAR Vs. SANJAY SHARMA

JUDGEMENT

(1.) BY means of this petition, the petitioner has challenged the order dated 22.11.2010 whereby the application filed by the petitioner under Order 38 Rule 5 CPC has been dismissed.

(2.) BRIEFLY stated the facts of the case are that the petitioner filed a suit for recovery of Rs.6,75,810/- against the defendant. According to the plaintiff, the defendant had hired his pick- up truck on monthly charges of Rs.36,000/- and therefore, an amount of Rs.6,65,000/- was payable for which cheque had been issued by the defendant on 22.09.2010 but the said cheque was dishonoured on account of insufficient funds. Thereafter, the plaintiff filed the suit claiming the principal amount alongwith interest.

(3.) THE provisions of Order 38 Rule 5 of the Code of Civil Procedure read as follows:-