JUDGMENT : 01. The respondent-M/S Kashmir Diary, acting through its proprietor Javid Ahmad Deen, came to institute a civil suit on file No. OS/291/2023 on 24 th of August, 2023 against the appellant- Adil Farooq Mir before the court of Additional District Judge, Budgam. 02. The said suit was for recovery of an amount of Rs.5,80,000/- for which Order 37 of the Code of Civil Procedure (CPC), 1908 was invoked by the respondent for seeking money decree in its favour with cheque No. 198012 dated 12 th of June, 2023 purportedly issued by the appellant in favour of respondent, being the suit document. 03. The appellant came to avail leave to defend from the trial court of learned Additional District Judge, Budgam which came to be granted vide an order dated 8 th of December, 2023 subject to condition of deposit of Rs. 2.00 lacs by the appellant with the trial court by or before 26 th of December, 2023. 04. Upon his failure to make the requisite deposit within the time given, the appellant came forward with an application on 26 th of December, 2023 seeking extension of time meaning thereby that the appellant accepted the imposition of condition upon him by the court for payment of Rs. 2.00 lacs in order to avail leave to defend in the suit but was interested to have extension of time granted in his favour which was accorded in favour of the appellant by virtue of an order dated 18 th of December, 2023, but even the said extension was let go waste by the appellant thereby constraining the trial court of learned Additional District Judge, Budgam to pronounce judgment against him by taking recourse to Order 37 Rule 3 (6) (b) of the Code of Civil Procedure (CPC), 1908 and decreeing the suit in favour of the respondent against the appellant for recovery of Rs. 5,80,000/- along with interest @ 6 percent per annum from the date of institution of the suit till actual realization against which the appellant landed before this court with the present civil first appeal filed on 13 th of March, 2024. 05. 5,80,000/- along with interest @ 6 percent per annum from the date of institution of the suit till actual realization against which the appellant landed before this court with the present civil first appeal filed on 13 th of March, 2024. 05. There is no denial to the fact that the decree earned by the respondent is a non-contested one although the appellant was willing to contest the suit of the respondent but was found lacking in seriousness in fighting the suit by defaulting in making the conditional deposit of Rs. 2.00 lacs in order to avail leave to defend granted in his favour. 06. The appellant at his end had come to approach this court to challenge the order dated 8 th of December, 2023 granting leave to defend with a condition of deposit Rs. 2.00 lacs by a petition CM (M) No. 01/2024 in which this court came to show indulgence by passing an interim order dated 31 st of January, 2024 staying the operation of the condition of deposit of Rs. 2.00 lacs but by the time this court came to grant indulgence since CM (M) No. 01/2024, the suit of the respondent had already been decreed vide judgment and decree dated 20 th of January, 2024 and thus leaving the appellant only with the remedy of appeal at his disposal. 07. Given the fact that the appellant asked for extension of time in making the deposit of Rs. 2.00 lacs is an admission of fact from which the appellant cannot be allowed to wriggle out. 08. Simultaneously, in case the appellant is willing to avail an opportunity to contest the suit of the respondent then the appellant is obliged to deposit Rs. 2.00 lacs for which this court is willing to come to his assistance. 09. Accordingly, the present appeal is allowed by setting aside the judgment and decree dated 20 th of January, 2024 in civil suit titled ‘ M/s Kashmir Diary v. Adil Farooq Mir ’ on file No. OS/291/2023 by retaining the import and mandate of order dated 8 th of December, 2023 of granting leave to defend subject to deposit of Rs. Accordingly, the present appeal is allowed by setting aside the judgment and decree dated 20 th of January, 2024 in civil suit titled ‘ M/s Kashmir Diary v. Adil Farooq Mir ’ on file No. OS/291/2023 by retaining the import and mandate of order dated 8 th of December, 2023 of granting leave to defend subject to deposit of Rs. 2.00 lacs which shall be deposited by the appellant with the court of Additional District Judge, Budgam within a period two months from the date of passing of this order failing which the court of Additional District Judge, Budgam shall be well within its discretion to revive the judgment and decree dated 20 th of January, 2024. 10. Appeal stands disposed of on the above terms, along with the connected CM. Caveat No. 449/2024 shall also stand discharged , accordingly. 11. Copy of this order to be sent to the court of learned Additional District Judge, Budgam.