O R D E R

CM APPL. 26582/2026 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The Application stands disposed of.

RFA 397/2026, CM APPL. 26583/2026 (delay), CM APPL.26584/2026 (delay in refiling)

3. Appeal under Section 96 of the Code of Civil Procedure, 1908, has been filed on behalf of the Appellant against the Judgment and Decree dated 15.05.2025 whereby the Suit of the Plaintiffs/Respondents for a sum of Rs.28,00,000/- along with the interest @8% p.a. from the date of institution till the realisation, has been decreed against the Appellant and the Defendant No. 2, Mr. Vinod Adhikary.

4. The perusal of the Appeal shows that Mr. Vinod Adhikary, has not impleaded as a party.

5. Learned counsel for the Appellant undertakes to implead him as the Respondent No. 3 and file an amended Memo of Parties within seven days.

6. On advance Notice, learned counsel for the Respondent Nos. 1 and 2 has appeared and seeks time to file a Reply to the Application bearing CM APPL. 26583/2026 under Section 151 CPC seeking condonation of delay of 155 days in filing the Appeal and Application bearing CM APPL.26584/2026 under Section 151 CPC for condonation of delay of 96 days in filing the Regular First Appeal.

7. Let the Reply be filed within four weeks with copy to the opposite counsel.

8. On filing of the amended Memo of Parties, Notice be issued to the Respondent No. 3, Mr. Vinod Adhikary, through ordinary post and electronic mode, returnable on 16.07.2026.

9. E-Trial Court Record be summoned for the said date.

10. Learned counsel for the Appellant also seeks permission to file an additional Affidavit to explain the grounds of delay in filing the Appeal. The Affidavit be filed within six weeks with copy to the opposite counsel.

CM APPL. 26581/2026 (stay)

11. Application under Section 151 CPC has been filed by the Appellant for stay of the operation of the Judgment and Decree dated 15.05.2025.

12. Subject to deposit of Rs.14,00,000/- within six weeks and the remaining amount of Rs.14,00,000/- within next four weeks, the operation of the Judgment and decree dated 15.05.2025, is hereby stayed, which shall be kept in an interest bearing FDR, on an auto renewal mode, before the Registrar General of this Court.

13. The Application is allowed and disposed of accordingly.