LAWS(DLH)-2017-12-59

WIMPY INTERNATIONAL LTD. Vs. GULSHAN DHINGRA

Decided On December 19, 2017
Wimpy International Ltd. Appellant
V/S
Gulshan Dhingra Respondents

JUDGEMENT

(1.) Exemption allowed subject to just exceptions. C.M. stands disposed of. 46185/2017 (for condonation of delay in re-filing)

(2.) For the reasons stated in the applications, delay of one day in filing and eight days in re-filing the appeal is condoned. C.M.s stand disposed of.

(3.) This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the Trial Court dated 29.7.2017 by which the trial court has decreed the suit for recovery in favour of the respondent/plaintiff for an amount of Rs.15,74,272.50/- along with interest at 12% per annum simple till the filing of the suit and pendente lite and future interest at 9% per annum simple. I may note that admittedly in the present case the appellant/defendant has led no evidence at all and that the respondent/plaintiff has proved his case by leading evidence.