VALMIKI J. MEHTA, J.

CM No. 27027/2017 (Exemption)

Exemption allowed subject to just exceptions.

CM stands disposed of.

RFA No. 673/2017 and CM No. 27026/2017 (Stay)

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant impugning the judgment and decree of the trial court dated 24.12.2016 decreeing the suit filed by the respondent/plaintiff for recovery of the vehicle Ford Ikon car (hereinafter referred to as “the car”) with damages, for a sum of Rs. 6,09,041/- being the value of the car along with damages of Rs. 3,70,000/- totaling to Rs. 9,79,041/- along with interest at 18% per annum. Trial court by its judgment instead of ordering return back of the car as prayed in the plaint, instead has granted recovery of the price of the car and damages.

2. The facts of the case are that the respondent/plaintiff by the suit pleaded that the appellant/defendant who was a practicing Advocate was appointed by the respondent/ plaintiff as its Advocate. Respondent/plaintiff had purchased the car on 25.4.2001 from M