YOGESH MEHRA Vs. AMIT AGGARWAL

JUDGEMENT

(1.) This first appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) impugns the judgment and money decree dated 15 th April, 2015 of the Court of the District & Sessions Judge (North), Rohini Courts, Delhi in CS No.43/2014 filed by the respondent/plaintiff under Order XXXVII of CPC, consequent to the dismissal of the application of the appellant/defendant for leave to defend.

(2.) Notice of the appeal was issued and subject to the appellant/defendant depositing a sum of Rs.5.90 lakhs in this Court, execution was stayed.

(3.) Upon the appellant/defendant not depositing the amount, vide order dated 6th April, 2016, the order of stay of execution was vacated, the appeal admitted for hearing and posted for today for hearing. On enquiry, it is informed that the execution of the decree is underway.