SHOES EAST LTD Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Ia No.13157/2016 (of the plaintiff under Order XV Rule 3(1) read with Order XII Rule 6 CPC)

(2.) The application came up before this Court first on 24th November, 2016 when notice thereof was ordered to be issued. The plaintiff filed another application being IA No.15697/2016 seeking deferment of the recording of evidence in the suit till the decision of this application. IA No.15697/2016 came up before this Court on 19th December, 2016, when it was the contention of the counsel for the defendant DDA that the plaintiff, inspite of repeated opportunities had failed to lead evidence and the plaintiff, being unable to lead evidence, had filed IA No.15697/2016. In the face of such contention, the recording of evidence as scheduled was not deferred as sought by the plaintiff. No reply to the application has been filed by the defendant DDA despite opportunity. The senior counsel for the plaintiff and the counsel for the defendant DDA were heard on 2nd May, 2017 and judgment reserved.

(3.) The plaintiff, on 21st December, 2010, instituted this suit pleading: