DELHI DEVELOPMENT AUTHORITY Vs. SUSHIL KAUR

JUDGEMENT

(1.) The appeallant Delhi Development Authority (in short DDA) preferred an appeal against the judgment and decree passed by the Additional District Judge, Delhi dated 24th August, 1992. This appeal was filed on 13th December, 1993 and the same was listed as RSA No. 132/93. Along with this appeal, the present application under Section 5 of the Limitation Act had been filed.

(2.) DDA in this application has tried to assign reasons for delay in filing the appeal. Those reasons can be summarised and sum up in two parts - one dealing with the delay which can be attributed to the panel lawyer Mr. Alok Kumar, who took almost a year in sending the certified copy of the judgment and decree sheet. Second set of delay is on account of red-tapism in taking official decision and in official movement of the file.

(3.) From 24th August, 1992 when judgment was delivered, according to DDA till 28th April, 1993 certified copy of the judgment/ decree sheet was not sent by the panel lawyer. After his removal from the panel, he sent the case file back along with the judgment to the Legal Branch of the DDA in April, 1993. As per record of the DDA, Mr. Alok Kumar applied for judgment and decree sheet on 8th September, 1992. Certified copy was ready on 21st September, 1992, when counsel took delivery nobody knows. He, however, sent the same to the office of the DDA on 28th April, 1993 along with the file. Hence delay up to 28th April, 1993 was due to the negligence on the part of Mr. Alok Kumar, panel lawyer of DDA in conducting this case.