HARMINDER SINGH SACHAR Vs. D D A

JUDGEMENT

(1.) The present appeal is directed against the order dated 23rd October, 2003 passed by the learned Single Judge dismissing an application IA No.10002/2002 filed by the appellant/plaintiff rejecting the prayer of the appellant herein for recalling the order dated 21st October, 2002.

(2.) The appellant herein had filed a suit CS(OS) No.1865/1999 against the respondents-defendants for injunction. The appellant claims that he has purchased a DDA flat in Vasant Kunj, New Delhi from one Mr.S.K.Behl, the respondent no.2. The appellant claims respondent no.2 has forged and fabricated documents of allotment in his favour and as per DDA, respondent no.1, the flat was never allotted to respondent no.2.

(3.) The said suit was filed in 1999 and was listed from time to time. However, in view of repeated negligence and failure on the part of the appellant to take appropriate steps and file evidence by way of affidavits, order dated 21.10.2002 was passed dismissing the suit in default due to non-appearance of the appellant or his counsel. Thereafter, an application IA No.10002/2002 came to be filed by the appellant praying for recalling of order dated 21st October, 2002 and for restoration of the suit.