VALMIKI J. MEHTA, J.

C.M. No. 45104/2018 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. Nos. 45103/2018 (for condonation of delay in filing) & 45105/2018 (for condonation of delay in re-filing)

2. For the reasons stated in the application, delay of 98 days in filing and 37 days in re-filing the appeal is condoned subject to just exceptions.

C.M.s stand disposed of.

RFA No. 887/2018 and C.M. No. 45102/2018 (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 02.01.2018 by which the trial court has dismissed the leave to defend application filed by the appellant/defendant and has decreed the suit for recovery of the loan amount of Rs. 6 lakhs with respect to which a cheque was given by the appellant/defendant and which was dishonored on presentation.

4. The facts of the case are that the respondent/plaintiff filed the subject suit under Order XXXVII CPC pleading that two loans of Rs. 6 lakhs and Rs. 8 lakhs were granted by the respondent/plaintiff to the appellant/defendant in the year 2015. Originally the loan w