RAVI SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal is filed on behalf of the Plaintiff for setting aside order dated 16-4-90 of the Learned Deputy Registrar and further that additional documents already filed by the Plaintiff should bedeemed to have been admitted by the Respondent because they were not admitted or denied by the Defendant. Further prayer is that dates for recording oral evidence of the parties may also be fixed.

(2.) Notice of this appeal was issued to the Respondent-DDA. But no reply to this appeal has been filed on its behalf. On 304-1990Ms.Bharti Patney Advocate appeared for the Defendant. She was granted two weeks time to file the reply. No reply, however, was filed on the next 2 or 3 dates. Today even the Counsel is absent.

(3.) I have head Mr, H.C.Mittal, special attorney of the appellant By order dated 9-2-90 after framing of the issues the Court bad allowed six weeks time to the parties to file their additional documents if any That order was. however, not complied with by the Respondent. List of witnesses also was not filed. The plaintiff filed list of witnesses as well as additional documents. Request was made on behalf of the Defendant to enlarge the time. The Deputy Registrar granted another four weeks time to DDA. I think the Deputy Registrar should not have extended this time because the time originally was granted by the Court. This amounts to violation of the powers of the Deputy Registrar as contained in Rule 3(38) in Chapter II of the Original Sides Rules of Delhi High Court. The Deputy Registrar exercising the powers of the Registrar is otherwise entitled to deal with the application for enlargement or abridgement of time but where the time is fixed by the Court, he has no such power. However, inspite of the enlargement of the time by the Deputy Registrar, the Defendants have neither filed additional documents nor the list of witnesses, In these circumstances more extension to the Defendant to file the list of witnesses. In these circumstances more extension to the Defendant to file the list of witnesses and the additional documents is not desirable and the same is declined.