SACHIN Vs. RAJNEESH KUMAR

JUDGEMENT

(1.) Exemption allowed, subject to just exceptions.

(2.) For the reasons stated in the application the delay of 212 days in filing the appeal stands condoned, subject to just exceptions. C.M. stands disposed of.

(3.) 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 22.03.2018 by which the trial court has decreed the suit filed by the respondent/plaintiff under Order XXXVII CPC on account of the appellant/defendant failing to comply with the order granting conditional leave to defend whereby the appellant/defendant had to deposit a sum of Rs. 1,00,000/- by 11.07.2017. The Order dated 27.04.2017 granting conditional leave to defend is also impugned in this appeal. I may note that once a challenge is made to a final judgment and decree then any interim order which has had the effect of bringing about the final judgment and decree, will be appealable as per Section 105 CPC, and hence the present appeal impugning the Judgment dated 27.04.2017 as also the consequential Order dated 22.03.2018.