VALMIKI J. MEHTA, J.

C.M. No.36119-20/2018(exemption)

1. Exemption allowed subject to just exceptions.

C.M.s stand disposed of.

C.M. Nos.36118/2018(condonation of delay in filing)

2. For the reasons stated in the applications, delay of 256 days in filing the appeal is condoned.

C.M. stands disposed of.

RFA No.741/2018 and C.M. No.36117/2018(stay)

3. This Regular First Appeal under Section 96 of Code of the Civil Procedure, 1908 (CPC) is filed by the defendant no.1 in the suit impugning the Judgment of the Trial Court dated 18.9.2017 by which trial court dismissed the leave to defend application filed by the appellant/defendant no.1 under Order 37 Rule 3 CPC and has decreed the suit for recovery of an amount of Rs.89,50,244/- alongwith interest @ 10% per annum.

4. The facts of the case are that the respondent no.1/plaintiff filed the subject suit under Order 37 CPC pleading that the appellant/ defendant no.1 represented that it is a Real Estate and Infrastructure Development Firm that and the respondent no.2/defendant no.2 was working as the contractor for the appellant/defenda