VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.1 in the suit impugning the judgment of the Trial Court dated 23.1.2018 by which trial court has dismissed the leave to defend application filed by the appellant/defendant No. 1 and has decreed the suit for recovery of moneys filed by the respondent no.1/plaintiff for a sum of Rs.20,26,108/-.

2. A reading of the plaint shows that the suit is not based on a dishonoured cheque or a written agreement containing the liquidated amount which is the suit amount. The suit plaint shows that the suit is filed on the ground that the term loan was granted to the appellant/defendant No. 1 and the appellant/defendant No. 1 executed a Loan Agreement on 22.03.2011. The total disbursement of Rs.18.75 lacs was made and which was repayable in equal monthly installments every month. Respondent no.1/plaintiff pleaded default in paying of the loan amount and the amount claimed in the suit is actually the amount which is the balance due at the foot of the