CHATTER SINGH RAO Vs. KAMAL KUMAR

JUDGEMENT

(1.) The Appellant has filed first appeal under Section 10 of Delhi High Court Act to set aside the impugned order dated 12th December, 2017 and restore the suit of the Appellant bearing CS (OS) No.519/2010 to its original number.

(2.) The case of the Appellant/Plaintiff is that on 16th March, 2010 he filed a suit seeking specific performance of an agreement dated 16th October, 2007 against the Defendant praying to direct the Defendant to execute sale deed in respect of suit property bearing number B-14, Mayfair Garden, Hauz Khas, New Delhi or in the alternative he claimed damages for Rs.90,00,000/-. He further alleges that he was cheated by two Advocates, namely Mr. Ajit Singh and Mr. Arvind Kumar Tiwari and he lodged a complaint dated 27 th September, 2017 against them to Bar Council of Delhi as the case filed by him was withdrawn by the said Advocates without his instructions on 2 nd February, 2015. The application bearing IA No.11792/2017 for restoration of his suit was filed by him on 9th October, 2017 and the same was dismissed vide impugned order dated 12th December, 2017.

(3.) The case of the Appellant is that he was in contact with one Mr. Ajit Singh, Advocate and not with Mr. Arvind Kumar Tiwari who had withdrawn the case. The Appellant came to know about withdrawal of his suit on 23rd September, 2017 and he immediately filed a complaint against the said two lawyers on 27th September, 2017 and thereafter he filed the application for restoration of the suit, which was dismissed by impugned order.