MADANLAL SURYAVANSHI Vs. BHAGWAN DASS

JUDGEMENT

(1.) THIS appeal impugns the judgment and decree dated 19.12.2012 of the Additional District Judge, Central-8, Delhi, in CS No.281/2012 (Unique I.D. No.02401C0240922009) in favour of the respondent and against the appellant for recovery of Rs.4,18,000/- with 6% interest per annum from the date of institution till realization.

(2.) THE appeal was admitted vide order dated 12.04.2013 and the Trial Court record requisitioned and the operation of the judgment and decree stayed subject to the appellant depositing the entire decretal amount within four weeks. The deposit was not made and an application filed for relieving the appellant therefrom and which is listed today for consideration.

(3.) THE respondent filed the suit from which this appeal arises, under Order 37 of the CPC for recovery of Rs.6,01,330/- with pendente lite and future interest from the appellant and his wife Smt. Sushila Suryavanshi. However the suit was treated as an ordinary suit. It was the case of the respondent / plaintiff: