SURESH KUMAR VERMA Vs. DILIP KUMAR GUPTA

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 23rd March, 2013 of the learned Addl. District Judge -03 (East), Delhi for recovery of Rs.4 lacs with interest and costs against the appellant pursuant to dismissal of the application filed by the appellant for leave to defend the suit under Order XXXVII of the CPC filed by the respondent.

(2.) NOTICE of the appeal was issued and the Trial Court record requisitioned and subject to the appellant depositing the entire decretal amount in this Court, execution was stayed. In compliance of the said direction, a sum of Rs.4,30,000/ - has been deposited which has been kept in a fixed deposit.

(3.) THE respondent/plaintiff instituted the suit from which this appeal arises, under Order 37 of the CPC, for recovery of Rs.5,04,000/ - pleading: -