VIJAY KUMAR Vs. PRAHLAD SWAROOP ANIL KUMAR

JUDGEMENT

(1.) IN spite of third call, the counsel for the appellant is not present.

(2.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 7.1.2008 dismissing the suit for partition filed by the appellant/plaintiff.

(3.) THE trial Court has also recorded that the appellant/plaintiff is abusing the process of law as various other legal proceedings were filed but were not pursued such as a petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 for realising of rent and also proceedings under Section 19 of Slum Areas (Clearance & Improvement) Act, 1956. The trial Court has noted certain pertinent admissions made by the appellant/plaintiff in his cross- examination in para 7 and 8 of the impugned judgment which read as under:-