Mahender Kumar Kanwaria vs Sh. Sanjay Barolia on 19 August, 2016

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. Appl. No. 30101/2016 (for exemption)
Exemption allowed, subject to all just exceptions.

The application stands disposed of.

C.M. Appl. No. 30102/2016 (for condonation of delay in re-filing, under
Section 151 CPC)
This is an application seeking condonation of delay of 15 days in re-filing
the second appeal.

For the reasons stated in the application, the same is allowed and the
delay is condoned.

The application stands disposed of.

RSA No.231/2016 and C.M. Appl. No. 30100/2016 (for stay)
1. This Regular Second Appeal filed under Section 100 of the Code

of Civil Procedure, 1908 (CPC) impugns the Judgment of the First Appellate

RSA No.231/2016 Page 1 of 4
Court dated 25.4.2016 by which the first appellate court has allowed the appeal

filed by the respondent/plaintiff against the Judgment of the Trial Court dated

25.8.2015. Trial court by its judgment had dismissed the suit for recovery of

Rs.1,49,500/- filed by the respondent/plaintiff. The first appellate court has

decreed the suit for recovery of monies holding that respondent/plaintiff had

proved that loan of Rs.1,00,000/- was granted by him to the

appellant/defendant.

Source: Indian Kanoon

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