RAVI SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The suit on behalf of Ravi Sharma was filed by Shri Hem Chand Mittal, special attorney. The suit is against Delhi Development Authority for settlement of accounts and declaration. The point raised was whether the attorney could after the institution of the suit plead the same in person on behalf of the plaintiff.

(2.) To understand this point, brief facts of the case are that Ravi Sharma was allottee of flat No. 2087 in Pocket-11, Sector-D, Vasant Kunj Self Financing Scheme of Delhi Development Authority (hereinafter called the DDA). Mr. Ravi Sharma authorised his father-in-law, Sh. Hem Chand Mittal to institute this suit as his lawful attorney. The plaintiff who had registered himself for category II (two bed rooms) also was required to deposit a sum of Rs.10,000.00 witht he DDA. When the procedure for allotment of flats was commenced plaintiff filed an application for allotment of category II plot. He also indicated his preference of different localities and schemes. He was declared successful in the draw of lots as on 14th December, 1983 for allocation of flat on Third floor, Pocket-11, Sector D, Vasant Kunj. Fifth and final instalment was also deposited. Alongwith that he enclosed the documents required. Defendant misappropriated the funds of the plaintiff because he did not start the work at site of Sector-D, Vasant Kunj inspite of having received the instalments from the plaintiff. The defendant instead of adhering to the terms and conditions threatened to cancel the allotment. Forced by the circumstances be filed the suit.

(3.) Notice was issued to the defendant/DDA and Counsel for the defendant took up the plea that special attorney was permitted to verify and institute the suit but he has no authority to plead the same.