VIDYA SAGAR Vs. SUBHASH GUPTA

JUDGEMENT

(1.) Cm APPL. 4708/2017 (delay in filing)

(2.) This is an appeal challenging the impugned judgment and decree dated 22nd September, 2016 by which the suit for possession filed by the Appellant/Plaintiff (hereinafter 'Plaintiff') has been dismissed by the Trial Court. The dismissal has been primarily on the ground that as the Plaintiff failed to lead any evidence in the matter, it could not prove its case.

(3.) A perusal of the order sheets of the Trial Court proceedings reveals that the Plaintiff was present sometimes in person and sometimes through proxy counsel. The suit was filed on 13th March, 2013 and issues were framed in the matter on 17th September, 2015. After framing of the issues, Plaintiff did not lead any evidence though he was present in person on 12th January, 2016 and 4th May, 2016. Since the earlier counsel was not appearing, Plaintiff engaged another counsel on 22nd September, 2016 who was present on the said date. However, the Trial Court noticed that despite adjournments no evidence was led by the Plaintiff and hence Plaintiff's evidence was closed.