CM No.11509/2018 (for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

RSA 48/2018 & CMs No.11510/2018 & 11511/2018 (for condonation of 168 days delay in filing and 45 days in re-filing the appeal respectively)

3. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 17th April, 2017 in RCA No.61395/2016 (Old No.05/2010) of the Court of Additional District Judge-06 (Central)] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 12th July, 2010 in Suit No.1107/06/96 of the Court of Senior Civil Judge (Central)] in a suit filed by the appellant/plaintiff for recovery of Rs.1,19,960/- jointly and severally from the respondent/defendant as well as from six others.

4. This appeal came up first before this Court on 23rd March, 2018 and has thereafter been adjourned from time to time on the request of the counsel for the appellant/plaintiff.

5. The appeal is accompanied with applications for condonation of delay of 168 days in filing and 45 days in re-filing thereof. However, the question of considering the