R. N. SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present second appeal filed under Sec. 100 of the Code of Civil Procedure 1908 ('CPC'), the appellant seeks setting-aside of judgment dtd. 9/9/2019 passed by the learned Additional District Judge, Central District, Tis Hazari Courts, Delhi in RCA No.23/2018, by which the learned first appellate court has upheld judgment and decree dtd. 26/10/2017 passed by the learned SCJ-cum-RC, Central District, Tis Hazari Court, Delhi in suit bearing CS No.94698/16/02. By way of judgment and decree dtd. 26/10/2017 the learned trial court had dismissed the suit filed by the appellant (plaintiff) seeking declaration, mandatory injunction and recovery of Rs.2,80,250.00 (including Rs.90,250.00 as interest)

(2.) The present second appeal was initially accompanied by an application bearing CMI No. 11/2019 filed under Order XLIV CPC seeking to pursue the appeal as an indigent person, which application was allowed after due verification vide order dtd. 6/7/2023; whereafter however, the second appeal was erroneously registered as a first appeal bearing RFA No. 707/2023; which error was corrected vide order dtd. 29/11/2024 and the matter then came to be registered as RSA No.206/2024.

(3.) At the outset, this court considers it necessary to record that the appellant before this court is about 72 years of age, and appears to be of infirm health. As would be seen from what follows, the appellant had filed the suit in relation to the termination of his service in 1999 by respondent No.1, which suit came to be dismissed by the learned trial court in 2017; and the first appeal filed against such dismissal was itself dismissed in 2019. Thereafter, the appellant had filed an indigent application in 2019, which was allowed in 2023; after which his appeal got registered as a regular first appeal, which error came to be corrected in 2024. In the circumstances and in order to allay his grievance as to the delay in deciding his case, which has been very vociferously canvassed by the appellant, this court has considered the matter more holistically.