L.N.MITTAL,J. - (1.) C. M. No. 12715-C of 2010 : Allowed as prayed for.
(2.) C. M. No. 12716-C of 2010 : For reasons mentioned in the application, which is accompanied by affidavit, delay of 7 days in re-filing the appeal is condoned. The application stands allowed accordingly. Main Appeal : Defendant Gurpal Dass, having failed in both the courts below, has filed this second appeal. Plaintiff-respondent Om Parkash filed suit against defendant- appellant for recovery of Rs.25,000/- alleging that the defendant, on 06.01.2000, borrowed Rs.25,000/- from the plaintiff as friendly loan and agreed to repay the same after 2-3 months, but failed to repay the same. Thereupon, defendant issued cheque dated 31.10.2000 for Rs.25,000/- in favour of the plaintiff, but the said cheque was dishonoured twice by the bank on account of insufficient funds. Accordingly, plaintiff sought recovery of Rs.25,000/- from the defendant.
(3.) THE defendant denied all the plaint averments. He denied having borrowed Rs.25,000/- from the plaintiff or having issued the cheque in question to the plaintiff. The defendant alleged that the said cheque had been drawn in favour of himself and was misplaced and the plaintiff took the cheque and filed this false case. Various other pleas were also raised.;