COURT ON ITS OWN MOTION Vs. RAJ KISHORE

JUDGEMENT

(1.) A criminal contempt was registered pursuant to observations made by the learned Single Judge of this Court while deciding RFA No.579/2010 on 09.07.2013.

(2.) The appellants (respondents herein) had filed an appeal under Sec. 96 of the Civil Procedure Code, impugning the judgment and decree dated 04.06.2010. The appellants (plaintiffs in Suit No.78/06/97) had filed the suit for permanent injunction to restrain the Delhi Development Authority and other defendants from demolishing or seeking to take possession of three premises measuring 4 Bighas 2 Biswas, bearing Nos.225A, 225B and 225C in Khasra No.164 of Village Lado Sarai, Tehsil Mehrauli, New Delhi, till the disposal of the representation dated 08.04.1997. A direction was also sought against the then defendants to consider the said representation.

(3.) The suit came to be dismissed vide order dated 04.06.2010 after recordal of evidence adduced by parties. An appeal came to be filed challenging the said order of dismissal. The learned Single Judge while disposing of the appeal was pained to note that in fact, the representation made by the plaintiffs/appellants was rejected as far back as on 08.10.1997 and a copy was supplied to them on 17.11.1997 which fact was not disclosed to the Court. The Court had also noticed in the same judgment that even the counsels for the respondents therein had not cared to go through the files or point out the aforesaid facts which had resulted in public injury and had the respondents acted diligently and informed the Court the order of rejection of the representation, the suit would have ended then itself, stay would have stood vacated and public projects not held up for 15 years. The learned Judge also observed that even on the said date of hearing, the counsels for the respondents were unaware of the said fact and this was revealed only on going through the order sheet of the suit file.