B.P. COLABAWALLA, J.

1. This Appeal has been filed seeking to assail the order dated 29th February, 2016 passed by the learned Single Judge in Notice of Motion No.8 of 2016 in Summary Suit No. 2539 of 2012. This Notice of Motion was filed by the Appellant before us who was the Original Defendant in the Summary Suit. Since a Summary Suit was filed against the Appellant in which an ex-parte decree was passed by this Court, this Notice of Motion was taken out for setting aside an ex-parte decree under Order XXXVII Rule 4 of the Code of Civil Procedure, 1908 (for short the “CPC”). The learned Single Judge after hearing the Appellant (Original Defendant) as well as the Respondent (Original Plaintiff), by a reasoned order dismissed the Notice of Motion. Being aggrieved by this order, the Original Defendant-Appellant is before us in Appeal.

2. This Appeal was admitted on 29th March, 2016. Thereafter, by an order dated 18th July, 2016 passed by this Court in Notice of Motion (L) no.788 of 2016 this Court disposed off the said Notice of Motion and granted interim relief in terms of prayer clause (a) thereof, subject to the condition that the Appellant deposit with the Prothonotary a