JUDGMENT

V. Kameswar Rao, J. - CM No. 26908/2021 (by the appellant for condonation of 81 days delay)

This is an application under Section 151 of CPC, 1908 seeking condonation of 81 days delay in the refilling of the present Regular First appeal. For the reasons stated in the application, the delay of 81 days in refilling the appeal is condoned. The application is disposed of.

RFa 293/2021

1. The present appeal has been filed with the following prayers:

'The appellant/Defendant, therefore, most respectfully prayed that this Hon'ble Court may be graciously pleased to:

a. Set aside the impugned judgment and decree (Preliminary) passed by the Ld. Court of Shri Vijay Kumar Jha, aDJ-02 (East). Karkardooma Courts, Delhi, dated 04-03-2021 thereby passing preliminary judgment and decree on admission under O 12 Rule 6 of CPC in Civil Suit No. 532/2019 titled as 'Krishna Kainth Vs. Dinesh Sharma'.

B. award Cost of this appeal in favour of the appellant, and

C. Pass such other and further orders in favour of appellant/Defendant which may be deemed fit and proper in the facts and circumstances of the case.'

2. It is a case wherein according to facts stated in Civil Suit No. 532/2019 (for short, 'CS No