DINESH KUMAR Vs. SAVITA

JUDGEMENT

(1.) THE appeal impugns the order dated 07.02.2012 of the Additional District Judge (NW)-III, Rohini Courts, Delhi rejecting the plaint in CS No.280/2011 filed by the appellant for specific performance of an Agreement of Sale of immovable property and for injunction.

(2.) NOTICE of the appeal was issued and the counsel for the respondent / defendant appeared. However the appeal was on 14.01.2013 dismissed in default of appearance of the appellant / plaintiff. The appellant / plaintiff applied for restoration and notice of which application was ordered to be issued to the respondent / defendant and the respondent / defendant was duly served therewith for 15.05.2013; none appeared for the respondent / defendant. In the circumstances, the application for restoration was allowed and the appeal restored to its original position and listed for hearing for today.

(3.) THOUGH the Trial Court record has not been requisitioned and the appeal has not been formally admitted but the appellant / plaintiff has along with the appeal inter alia filed a copy of the plaint and which alone has to be seen to determine whether the order of rejection thereof suffers from any irregularity or illegality. Thus the counsel for the appellant / plaintiff has been heard.