VALMIKI J. MEHTA, J.

C.M. Nos. 43487/2017 (exemption) & 43489/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M.s stand disposed of.

C.M. No.43491/2017 (for condonation of delay)

2. For the reasons stated in the application, delay of 262 days in filing the appeal is condoned.

C.M. stands disposed of.

RFA No.1002/2017 and C.M. Nos.43488/2017 (stay) & 43490/2017 (under Order XLI Rule 27 CPC)

3. This Regular First Appeal filed under Section 96 of Code of Civil Procedure, 1908 (CPC) impugns the judgment of the Trial Court dated 5.12.2016 by which the trial court has dismissed the leave to defend application filed by the appellant/defendant under Order XXXVII Rule 3(5) CPC in the suit filed by the respondent/plaintiff for recovery of Rs.6,28,889,34/-along with interest

4. The facts of the case are that the respondent/plaintiff filed the subject suit for recovery of Rs.6,28,889,34/-along with interest pleading that respondent/plaintiff was in the business of metal scrap, waste paper etc under the name and style of Krishna Trading Co. It was pleaded that on 15.1.2011, the appellant/defendant purchased 3,920 kg of aluminium scrap from the respondent/plaintiff at a pric