Jayant Nath, J.

IA No. 17034/2012 (u/S 5 of the Limitation Act)

1. This is an application under Section 5 of the Limitation Act for condonation of delay in re-filing the application under Order 37 Rule 3 (5) CPC. There is no serious opposition to this application. The same is allowed and the delay in re-filing the application under Order 37 Rule 3 (5) CPC is condoned.

2. The application is disposed of.

IA No. 17033/2012 [u/O 37 R 3(5) CPC]

3. This is an application filed on behalf of the defendant under Order 37 Rule 3 (5) of the Code of Civil Procedure seeking leave to defend the present suit. The plaintiff has filed the present suit under Order 37 CPC seeking a decree for a sum of Rs. 28 lacs against the defendant along with interest at the rate of 12% per annum till the date of realisation. It is the contention of the plaintiff that on 06.10.2008, the plaintiff had entered into an agreement with the defendant in respect of sale of ground floor of property bearing No. 23, Prem Nagar Market, Tyagraj Market, New Delhi. It is stated that a sum of Rs. 28 lacs was paid in advance. It is claimed that Rs.15 lacs was paid in cash on 04.10.2008, Rs. 8 lacs was paid in cash on 06.1