Arun Madan, J. - (1.) This revision petition has been preferred to this Court against the Order dated 14.9.1993 (Annexure-6) passed by the learned Chief Judicial Magistrate-cum-Civil Judge, Bharatpur, whereby the said court had dismissed petitioner's/defendant's application under Order 7 Rule 1.1 read with Sections to & 151 of the CPC.
(2.) The girevance of the petitioner as unfolded by this revision petition in short is that the non- petitioners/plaintiffs filed a Civil Suit in the court of Civil Judge, Bharatpur against petitioner-defendant for payment of damages to the tune of Rs. 45,000/- for the alleged defence of having published defamatory material against them, which culminated in filing of the said suit by the plaintiffs.
(3.) On 27.00.1992 one Mahesh Chandar, S/o Shiv Charan R/o Kirawali, District Agra, Uttar Pradesh, who is the real brother of non-petitioner Nos. 1 & 3 and son of Non- petitioner No. 2 had sent a registered notice through his counsel to the petitioner-defendant contending inter-alia that the non-petitioners had advanced a sum of Rs. 50,000/- to the petitioner-defendant on the execution of a promissory note, but since the said amount had not been returned within the stipulated period, the defendant was liable to pay that amount to the plaintiff along with interest w 2% per annum and costs failing which legal consequences will follow. This fact has been clarified by notice dated 27.06.1992 vide (Annexure-1) to this petition.;