BERJESH GOYAL Vs. DAILY FOODS INDIA

JUDGEMENT

(1.) BY the present petition under Article 227 of the Constitution of India, the petitioner seeks setting aside of Order dated 24th January, 2007 passed by learned Additional District Judge in C. S. (O. S) No. 400 of 2003 being a suit for declaration and injunction.

(2.) THE said suit was initially filed in this Court being C. S. (O. S.) No. 2136 of 2001, but stood transferred to the District Court, Delhi and thereon it was renumbered as C. S. (O. S.) No. 400 of 2003. The petitioner is the defendant in the suit while the respondent is the plaintiff. In the suit, trial has commenced and Rakesh Kumar, the Plaintiff and the alleged sole proprietor of M/s Daily Foods (India) as PW1 has tendered his evidence being examination in Chief.

(3.) ON 24th January, 2007 the suit was listed for cross examination of rakesh Kumar PW1. On that day, the counsel for the petitioner, in whose favour the petitioner had signed and executed the Vakalatnama, gave an authority letter to one Mr. A. K. Sahu, Advocate authorizing him thereunder to appear, argue and cross examine the witness on his behalf. A copy of the said authorization letter is filed as Annexure-G to the petition. Accordingly, on 24th January, 2007 the said Mr. A. K. Sahu, Advocate duly appeared before the court.