VIKRAM KUMAR Vs. RAKESH SARAF

JUDGEMENT

(1.) Exemption allowed subject to just exceptions. C.M. stands disposed of.RFA No.979/2017 and C.M. No.42589/2017 (stay)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC) is filed by the defendant in the suit impugning the judgment of the trial court dated 24.8.2017 by which the trial court has decreed the suit filed by the respondent/plaintiff for a sum of Rs. 7,16,000/- along with interest at 12% per annum. Suit was filed for recovery of Rs. 19,77,000/- with interest.

(3.) At the outset it may be noted that appellant/defendant did file the written statement, did not cross examine the witnesses of the respondent/plaintiff and also did not lead evidence. In fact the appellant/defendant was given repeated opportunities to file the written statement, but not only those opportunities were not utilized, even opportunities granted by allowing two petitions by this Court were not utilized, and no written statement was filed by the appellant/defendant.