$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 123/2024, CM APPL. 10165-10166/2024 & 30776/2025 NITIN JAIN .....Appellant Through: Mr. Anuj Soni, Advocate versus LALIT KUMAR .....Respondent Through: Mr. Sudhir Gupta, Ms. Sonali Arora and Mr. Mehul Chaudhary, Advocates CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.02.2026

1. Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (CPC) has been filed against the Judgment and Decree dated 18.08.2023 whereby the Leave to Defend Application of the Appellant has been dismissed from the ground of limitation and the Suit of the Respondent/Plaintiff has been decreed in the sum of Rs.5 lakhs alongwith simple interest @ 8% p.a.

2. A Suit under Order XXXVII CPC was filed by the Plaintiff for recovery of Rs.5 lakhs along with pendent lite and future interest @ 8% p.a. on the basis of a friendly loan for which Promissory Note dated 21.02.2022 was executed whereby the Defendant/Appellant had undertaken to repay the loan by 21.02.2023.

3. The summons for appearance was served upon the Appellant who filed an appearance on 02.06.2023. Thereafter, summons for judgment was filed which w