DELHI DEVELOPMENT AUTHORITY Vs. SUBHASH BHARDWAJ

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of the Civil Procedure, 1908 (CPC) impugns the order [dated 1st August, 2016 in RCA No. 377/2016 of the Court of Additional Senior Civil Judge, West] of dismissal as barred by time of the first appeal under Section 96 of the CPC preferred by the appellant/ defendant/ DDA against the judgment and decree [dated 5th August, 2011 in Suit No. 296/2008 of the Court of Civil Judge, West] allowing the suit filed by the respondent/ plaintiff and restraining the appellant/ defendant/ DDA by a decree of permanent injunction from dispossessing the respondent/plaintiff, from premises No. RZ-1, Dabri Extension, Plot No. 44, measuring 310 Sq. Yds. Out of khasra No. 14/22 situated in the area of village Dabri, colony known as Dabri Extension, New Delhi, without due process of law.

(2.) This appeal is accompanied with an application for condonation of delay of 18 days in filing thereof.

(3.) The appeal came up first before this Court on 23rd January, 2017 when notice thereof was issued, albeit without indicating the substantial question of law which the appeal entails.