CHAMELEON RESOURCES LTD. Vs. TATA TEA LTD.

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 03.03.2010 of the Court of the Additional District Judge (ADJ), Central -14, Delhi of dismissal (for the reason of the appellant / plaintiff having failed to lead any evidence in support of its claim) of suit No.1009/2008 filed by the appellant / plaintiff for recovery of damages of US$31883.00 equivalent to Indian Rs.12,11,535/ - with interest.

(2.) THE appeal, though accompanied with applications for condonation of 1182 days delay in filing and 60 days delay in re -filing the appeal, when filed was without the requisite court fees. Eight weeks time was sought to make up the deficiency in court fees. The appeal came up first before this Court on 06.12.2013 when finding no justification for seeking long time of eight weeks to pay the court fees and further finding the appellant / plaintiff to be having a history of not only taking wrong legal steps but also of delaying the matter, one week's time was given for payment of court fees.

(3.) A perusal of the Trial Court record shows, the suit from which this appeal arises, to have been instituted as far back as on 20.10.2000, in this Court and which, on change of pecuniary jurisdictions in the year 2003 was transferred to the District Court. Issues were framed in the suit on 23.02.2005, with the onus of the main / material issues being on the appellant / plaintiff. The suit was adjourned to 20.04.2005 for evidence of the appellant / plaintiff with a direction to the appellant / plaintiff to file list of witnesses along with the affidavits of the witnesses sought to be examined with advance copy to the respondent / defendant.