(1.) The appeal impugns the judgment and decree dated 31st August, 2012 of the Court of Additional District Judge (ADJ), (Central) -17, Delhi in suit No. 235/2008 bearing Unique Case ID No. 02401C0952422008.
(2.) The appeal accompanied with an application for condonation of 69 days delay in re -filing came up first before this Court on 16th January, 2013 when the notice of the application was issued. Though the counsel for the respondent appeared on 26th February, 2013 but the appeal was dismissed in default of appearance of the appellant on 19th March, 2013. Applications for restoration and for condonation of delay in applying for restoration were filed and in which again adjournment was sought on behalf of the appellant from time to time and ultimately the appeal was restored to its original position on 27th August, 2014. Thereafter, the counsel for the appellant again started taking adjournments and the appeal so remained pending till 12th January, 2016 when again adjournment was sought on behalf of the counsel for the appellant. The matter was adjourned to today by way of last opportunity.
(3.) Today, though the counsel for the appellant has appeared and argued the matter but without even having the complete trial court record and without reference to any evidence.