(1.) For the reasons stated in the application, delay of 59 days in re-filing the appeal is condoned.
(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the Trial Court dated 9.1.2018 by which trial court has decreed the suit filed by the respondent/plaintiff and has awarded to the respondent/plaintiff a money decree for a sum of Rs.7.25 lacs alongwith interest @ 9% per annum.
(3.) At the outset, it is to be noted that the impugned judgment and decree is an exparte judgment and decree against the appellant/defendant. The appellant/defendant was proceeded exparte on 2.11.2016. An application filed under Order IX Rule 7 CPC to join the proceedings at the stage of final arguments was dismissed on 18.12.2017. This order is also sought to be challenged in the present appeal.