JUDGMENT

Gaurang Kanth, J. (Oral)

CM APPL. 29464/2022 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed off.

CM APPL. 29465/2022 (condonation of delay of 559 days in refiling the appeal)

3. For the reasons stated in the application, the same is allowed and the delay of 559 days in refiling the appeal is condoned.

4. The application stands disposed off.

RFA 279/2022 & CM APPL. 29463/2022 (stay)

5. None appeared on behalf of the respondent despite advance service of appeal to the respondent.

6. The present appeal is arising from the judgment dated 28.11.2019 passed by the learned Additional District Judge-06, West District Tis Hazari Courts, Delhi in CS No. 11601/16 titled as Shyamji Srivastava vs. M/s. D. D. Motors ("impugned judgment"). By the said impugned judgment, the Trial Court had partly decreed the suit filed by the respondent herein (original plaintiff).

The facts which are relevant for consideration of the present appeal are as follows:

7. The respondent herein filed a suit against the appellant for recovery of damages to the tune of Rs.4,05,659/- along with pendente lite interest before the learned Trial Cou