CFA 417/05 M/s. C.M.S. Computers Ltd. Vs. Abhishek Gadhwal and others (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil First Appeal No.417/2005 M/s. C.M.S. Computers Ltd. Vs. Abhishek Gadhwal and others Date Of Judgment :: 30th October, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Bharat Saini, for appellant. .......... By the Court :- This is defendant's first appeal under section 96 of the Code of Civil Procedure filed against the judgment and decree dated 31/5/2004 passed by District Judge, Ajmer in Civil Suit No.169/2003 whereby the suit for recovery was decreed exparte against the defendants. 2. The controversy involved in the present matter in nut shell is that the plaintiff was accorded permission by the defendant for opening a franchise for a period of three years and six months and the amount payable for the franchise for this period was Rs.2,00,000/- and the plaintiff made part payment of Rs.75,000/- through cheque and also gave a cheque of the remaining amount of Rs.1,25,000/- but the payment of the remaining amount of Rs.1,25,000/- was got stopped by the plaintiff for the reason that defendants did not follow the terms of acceptance letter CFA 417/05 M/s. C.M.S. Computers Ltd. Vs. Abhishek Gadhwal and others (2) nor proceeded any further in accordance to the memorandum of understanding. Therefore, prayer was made to decree the suit for Rs.75,000/- including interest thereon @ 12% per annum. 3. In the written statement filed by the defendant through power of attorney holder it was averred that defendants received Rs.75,000/- for opening a franchise centre at Ajmer which was not refundable. It was further averred that plaintiff could not open the franchise centre on account of his own failure, therefore, he is not entitled to get the refund amount. Rejoinder was also filed by the plaintiff and thereafter on account of non-appearance, the trial court proceeded exparte against the defendants and after recording the evidence of the plaintiff decreed the suit exparte, against which this appeal has been preferred. 4. Heard learned counsel for the appellant for admission and perused the impugned judgment and other material available on the record. 5. It was inter alia contended that Rs.75,000/- which were received by the defendants as fee of franchise were not refundable and the agreement was to be entered among the parties only after payment of entire franchise fee of Rs.2,00,000/- but cheque for remaining amount of Rs.1,25,000/- could not be encahsed due to stop payment by the plaintiff. CFA 417/05 M/s. C.M.S. Computers Ltd. Vs. Abhishek Gadhwal and others (3) 6. I have considered the above submissions. There is no material on record which supports the contentions raised by the counsel for the appellant-defendant. Neither any witness was produced nor any document has been proved by the defendant. The trial court on the strength of evidence of plaintiff and one another witness Niranjan Lal considered the documents produced and proved by the plaintiff and decreed the suit in which I do not find any illegality or impropriety. Therefore, in my considered view, it is not a fit case for admission and this appeal deserves to be dismissed at the admission stage. 7. Consequently, this appeal is hereby dismissed at the admission stage. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. D58