VALMIKI J. MEHTA, J.

CM No. 1883/2017 (for condonation of delay)

For the reasons stated in the application, the delay of 71 days in filing the appeal is condoned.

CM stands disposed of.

RSA No. 17/2017 and CM No. 1881/2017 (Stay)

1. This regular second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant impugning the concurrent judgments of the courts below; of the Trial Court dated 14.10.2014 and of the First Appellate Court dated 29.7.2016; by which the courts below have dismissed the leave to defend application filed by the appellant/defendant and decreed the suit for a sum of Rs. 1,30,000/- along with interest @ 2% per month from the date of loan being 9.10.2009 till payment.

2. The subject suit was filed by the respondent/plaintiff for recovery of Rs. 1,30,000/- under Order XXXVII CPC on the ground that the respondent/plaintiff gave a friendly loan of Rs. 1,30,000/- to the appellant/defendant on 9.10.2009. It is further pleaded that respondent/plaintiff withdrew the said amount from his bank account and gave this amount to the appellant/defendant and at the time of the said transaction, the appellant/defendant handed over