Arun Bhansali, J. - (1.) THIS appeal under Section 96 CPC is directed against the judgment and decree dated 10.01.2012 passed by the learned District Judge, Chittorgarh ('the trial court'), whereby, the plaint filed by the appellant -plaintiff has been rejected under provisions of Order VII, Rule 11(e) CPC.
(2.) DESPITE serve of notice on the respondent twice in this appeal for final disposal, no one has put in appearance and no one is present on behalf of the respondent. The facts in brief may be noticed thus: the appellant -plaintiff filed the suit for recovery of a sum of Rs. 1,09,000/ - from the respondent, inter alia, with the pleadings that for an amount lent to the defendant, the cheque was issued by him and when the cheque was presented before the Bank, the same was dishonoured by the Bank and, therefore, the defendant was liable to make payment of the amount of cheque alongwith interest @ 12%.
(3.) A written statement was filed by the respondent -defendant, who disputed the plaint averments.;