VALMIKI J. MEHTA, J.

C.M. Appl. No. 5706/2018 (for exemption)

1. Exemption allowed, subject to all just exceptions.

C.M. stands disposed of.

C.M. Appl. No. 5707- 08/2018 (for delays)

2. For the reasons stated in the applications, the delays of 12 days in filing the appeal and 4 days in re- filing the appeal are condoned, subject to just exceptions.

C.Ms. stand disposed of.

RFA No. 169/2018 and C.M. Appl. No. 5705/2018 (for stay)

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 6.9.2017 by which the trial court has decreed the suit filed by the respondent/plaintiff by dismissing the leave to defend application filed by the appellant/defendant under Order XXXVII Rule 3 (7) CPC.

4. The facts of the case are that admittedly the appellant/defendant admits that he received a loan of Rs.15,00,000/- from the respondent/plaintiff in terms of cheque no. 377709 drawn on UCO Bank, Punjabi Bagh, New Delhi dated 9.3.2016 for a sum of Rs.15,00,000/- . It is also not disputed that the cheque was of the bank of the respondent/plaintiff and the amount was credited to the acc