JUDGMENT

Gaurang Kanth, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

C.M. No. 50323/2022 (delay in re-filing)

1. This is an application filed by the appellant seeking condonation of delay of 35 days in re-filing the appeal.

2. For the reasons stated in the application, the application is allowed. The delay of 35 days in re-filing the appeal is condoned.

3. The application stands disposed of.

RFA 595/2022 and C.M. No. 50322/2022 (stay)

4. The appellant (original defendant) in the present appeal is challenging the impugned judgment and decree dated 11.07.2022 passed by the learned ADJ-08/West, Tis Hazari Courts, Delhi in Civ DJ 269/18 titled Pradeep Kumar Versus Amandeep Singh.

5. The learned Trial Court, vide order dated 22.09.2021, granted conditional leave to the appellant to defend the suit filed by the respondent (original plaintiff) under Order XXXVII of Civil Procedure Code, 1908 by depositing Rs.2 lakhs. However, the appellant failed to deposit the said amount and filed review application under Section 114 of Civil Procedure Code, 1908 for modification of order dated 22.09.2021. The learned Trial Curt, vide order dated