ASHOK KUMAR TIWARI Vs. RAJESH KUMAR YADAV

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 26th November, 2014 of the Court of the Additional District Judge (ADJ) -03, South East, Saket Courts, New Delhi decreeing CS No.306/14 filed by the respondent/plaintiff under Order 37 of the CPC for recovery of Rs.3.10 lacs with pendente lite and future interest at 24% per annum against the appellant/defendant consequent to dismissal of the application filed by the appellant/defendant for leave to defend as barred by time (of one day).

(2.) The appeal came up before this Court on 20th March, 2015 when the counsel for the respondent/plaintiff being on caveat also appeared. Vide subsequent order dated 7th August, 2015, subject to the appellant/defendant depositing a sum of Rs.1,30,000/ - in this Court, execution of the decree was stayed and the trial court record requisitioned.

(3.) Admit.