- (1.) This civil revision under Section 115 of the Code of Civil Procedure, 1908 is directed against the order dated 25th February, 2014 passed by the Additional Civil Judge (Senior Division), Court No. 2, Aligarh in Original Suit No. 1381 of 2011 (Anil Kumar v. Sanjay Jain), whereby the Court below has rejected the application (177-Ga2) moved by the revisionist-defendant in the suit and refused to decide the preliminary issue.
(2.) The essential facts are that the plaintiff-respondent instituted Original Suit No. 1381 of 2011 (Anil Kumar Sharma v. Sanjay Jain) in the Court of the Civil Judge (Senior Division), Aligarh seeking a relief for the recovery of money for a sum of Rs.12,00,000/- along with the interest.
(3.) The case of the plaintiff is that the plaintiff and the defendant were on the good terms and they had a long standing family relationship. The revisionist-defendant expressed before the plaintiff his some financial constraints in running his business, thus, he was in the need of financial help. The plaintiff extended his helping hand to the defendant by giving a loan of Rs.14,00,000/- on the different dates. The revisionist-defendant has returned an amount of Rs.2,00,000/- thereof. However, when the revisionist-defendant did not pay the remaining outstanding amount, the plaintiff made repeated requests therefor, thereupon the revisionist-defendant got annoyed and he threatened the plaintiff of dire consequences. Having no option left, the plaintiff made a complaint against the revisionist-defendant to the Superintendent of Police, City, Aligarh. On the said complaint, the revisionist-defendant was called upon by the Police and in presence of the Superintendent of Police (City) he admitted Rs.12,00,000/- to be outstanding and acknowledged it in writing on 10th June, 2009. On the said document, the brother of the revisionist-defendant has also made his signature. It was also signed by the two witnesses. In the said acknowledgment the revisionist-defendant had assured that he would pay back Rs.1,00,000/- within 15 days and rest of the amount shall be paid within a year. It is stated that, however, the revisionist-defendant failed to honour his commitment. Thus, having no other option, the plaintiff filed a suit, being Original Suit No. 1381 of 2011, against the defendant for recovery of a sum of Rs.12,00,000/- and the interest thereon with effect from 25th May, 2009. The plaintiff also moved an application under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 (for short, the "CPC"), wherein he sought attachment of the shop as well as residential flat of the revisionist-defendant on the apprehension that he may abscond from the district.;