AMARJEET KAUR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The appeal impugns the judgment and decree dated 25th August, 2012 of the Court of the Additional District Judge (ADJ)-04,South District, Saket Court Complex, New Delhi of dismissal in limine, as barred by time, suit No. 354/2012 filed by the appellant/plaintiff, consequent to the rejection of plaint under Order 7 Rule 11(d) of the Civil Procedure Code, 1908 (CPC). The appeal is accompanied with an application for condonation of 99 days delay in filing thereof.

(2.) Notice only of the application for condonation of delay was issued to the respondents/defendants. Reply to the application has however been filed by the respondent/defendant No.2 Ms. Neelima Begeria. Though in response to the notice, the respondent/defendant No.3 Mr. B.S. Gill had appeared in person on 23rd August, 2013 and accepted notice also on behalf of respondent/defendant no.4 Mr. Mohanjeet Singh and respondent/defendant No.5 Ms. Gurjeet Kaur who are his brothers and sister respectively but subsequently none appeared for the respondents/defendants No. 3 to 5. On the statement of the counsel for the appellant/plaintiff that the copies of the entire Trial Court record had been placed on record, the Trial Court record was not requisitioned. During the hearing on the application for condonation of delay on 28th October, 2013, the appearing counsels were asked to, on the next date of hearing, come prepared with the merits of the appeal also. The senior counsel for the appellant/plaintiff and the counsel for the respondent/defendant No.1 Delhi Development Authority (DDA) and the counsel for the respondent/defendant No.2 Ms. Neelima Bageria have been heard.

(3.) The appellant/plaintiff, on 18th August, 2012 instituted the suit from which this appeal arises, pleading :