DINESH NASA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Vide judgment and decree dated 22.04.2006, the suit filed by the plaintiff for recovery of Rs. 10,01,083/- was dismissed by the learned trial court while leaving the parties to bear their own costs.

(2.) Aggrieved from the said judgment and decree, the plaintiff/appellant has filed the present regular first appeal in this court.

(3.) It may be noticed that the basic grievance of the appellant is that the suit was being proceeded against ex parte and the appellant/plaintiff had filed the affidavit by way of evidence annexing thereto documents from Ex.PW1/1 to Ex.PW1/96, however, these documents were not formally tendered in evidence by the appellant by stepping into the witness box during the pendency of the suit. As the documents were not tendered in evidence, the trial court dismissed the suit after granting several opportunities holding that the appellant had failed to prove his case.