G.R.ARYA Vs. VEENA BANGA

JUDGEMENT

(1.) The appeal impugns the judgment and decree dated 20.11.2004 of the Court of Additional District Judge (ADJ), Delhi of dismissal of suit No.74/2002 filed by the appellant / plaintiff for recovery of Rs.7,08,500/- along with interest and for permanent injunction. Notice of the appeal and of the application for interim relief was issued though no interim relief granted. The appeal was on 18.07.2006 admitted for hearing and the Trial Court record requisitioned. The appellant / plaintiff filed CM No.12139/2006 under Order 41 Rule 27 of the CPC and which was on 08.09.2006 ordered to be taken up along with the appeal. The appellant / plaintiff died during the pendency of the appeal and notice of the said application was issued to respondents / defendants. Though the said respondents / defendants filed a reply to the application but failed to appear. Vide order dated 20.12.2012 the legal representatives of the appellant / plaintiff were substituted in his place. The appeal was on 01.05.2013 dismissed in default of appearance of the appellant / plaintiff or his counsel. An application for restoration was filed when it was felt that instead of mechanically issuing notice thereof, it should be found whether there was any merit in the appeal to justify keeping it pending any longer. On going through the records, prima facie there did not appear to be any merit in the appeal. Accordingly, the counsel for the appellant / plaintiff was given an opportunity to address finally on the appeal. The counsel for the appellant / plaintiff has been heard.

(2.) The deceased appellant / plaintiff instituted the suit from which this appeal arises pleading:

(3.) The respondents / defendants contested the suit by filing a written statement pleading: