- (1.) Plaintiff-Sukhvir Singh filed a suit for recovery against the petitioner. The suit filed by the plaintiff was decreed by the trial Court vide judgment and decree dated 2.9.2009. Aggrieved by the same, petitioner preferred an appeal alongwith application seeking condonation of delay in filing the appeal. Vide the impugned order the application seeking condonation of delay in filing the appeal was dismissed and consequently the appeal was dismissed being time barred. Hence, the present petition by the defendant.
(2.) Brief facts of the case, as noticed by the trial Court in paras No.1 and 2 of its judgment, read as under :- " The present suit for recovery of Rs.1,75,000/- has been filed by the plaintiff against the defendant on the averments that the defendant took a loan of Rs.1,60,000/- from the plaintiff on 13.2.2003 with interest @ 0.5 % per month. The defendant executed a pronote and receipt in consideration thereof on 13.2.2003 in the presence of witnesses. The money was to be paid by the defendant on demand but he failed to do so. It is further averred that on 4.6.2004, a demand notice was served on the defendant by registered post in pursuance of which the defendant gave reply dated 23.6.2004 and denied the claim of the plaintiff. As a consequence, the present suit has been filed by the plaintiff. 2. Upon notice, the defendant appeared and filed his written statement in which preliminary objections to the effect that present suit is not maintainable, the suit is false and frivolous, the plaintiff has no locus standi and the plaintiff has not come to the Court with clean hands were taken. On merits, the defendant specifically denied the execution of alleged pronote and receipt. The defendant has prayed for dismissal of the suit of the plaintiff. An additional plea has been taken by the defendant wherein he has averred that in a family settlement, the plaintiff had given an amount of Rs.1,50,000/- to the defendant without interest on the condition that the repayment will be made as and when the defendant will be in a suitable condition.
(3.) On the pleadings of the parties, following issues were framed by the trial Court:- 1. Whether the plaintiff is entitled for the decree of recovery of Rs.1,75,000/- alongwith agreed interest OPD 2. Whether the suit is not maintainable in the present form OPD 3. Whether the plaintiff has no locus standi and cause of action to file the present suit OPD 4. Relief.;