VALMIKI J. MEHTA, J.

C.M. No.18886/2018 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. No.18887/2018 (for condonation of delay)

2. For the reasons stated in the application, delay of 6 days in re-filing the appeal is condoned.

C.M. stands disposed of.

RFA No. 387/2018 and C.M. No.18885/2018 (stay)

3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the judgment of the Trial Court dated 31.1.2018 by which trial court has dismissed the leave to defend application filed by the defendants under Order XXXVII Rule 3(5) of Code of Civil Procedure, 1908 (CPC) and has decreed the suit for a sum of Rs.23,09,293/- along with interest at 9% per annum.

4. The facts of the case are that the respondent/plaintiff filed the subject suit under Order XXXVII CPC pleading that the respondent/plaintiff is the proprietor of M/s S.P. Construction Co. which is carrying on the work of engineers and contractors; dealing in pile foundation, pile testing, soil investigation and all type of civil works. The respondent/plaintiff was approached by the appellant no.1/defendant no.1 thr