MANOHAR LAL AHUJA Vs. NAND LAL AHUJA

JUDGEMENT

(1.) The appellant-Mr. Manohar Lal Ahuja filed a suit for partition in 1997 against his brothers claiming that property No.2/22 B, Jangpura A, New Delhi is an ancestral property belonging to Hindu Undivided Family of their father and being a co-parcener, he is entitled to share. Claim was also made in respect of licensed MCD premises at Lajpat Nagar.

(2.) Issues in the suit were framed on 3rd February, 2006 and interim order in favour of the appellant dated 30th April, 1997 was made absolute till the disposal of the suit. On the same day itself, the Court directed the parties to file list of witnesses and examination-in-chief by means of affidavits within six weeks. The case was listed for cross-examination of appellant's witnesses before the Joint Registrar on 5th April, 2006.

(3.) By impugned order dated 14th May, 2007, the learned Single Judge dismissed the above suit on the ground that the appellant-plaintiff had been negligent and in spite of repeated opportunities and directions had failed to file affidavits by way of evidence. Learned Single Judge also noted the contention of the learned counsel for the appellant-plaintiff that affidavits had been filed on 11th May, 2006, which was a Friday and the matter was listed in the Court on 14th May, 2007 i.e. Monday, 12th May, 2007 and 13th May, 2007 were holidays being Second Saturday and Sunday. Thus, the affidavits were not on record.