SUDERSHAN CHOPRA Vs. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard learned counsel for the petitioner and also perused the record.

(2.) By means of thts petition, the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the Impugned order dated 18.11.1999 passed by the Court below rejecting petitioner's application to return the memo of appeal to respondent No. 2.

(3.) It appears that the petitioner filed a suit for specific performance of contract of sale and for permanent injunction. The suit of the plaintiff was contested by defendant ; but ultimately the suit was decreed by the trial court by judgment and decree dated 6.2.1999. Challenging the validity of the said decree, the defendant-respondent No. 1 filed an appeal before the Court below. In the said appeal, the petitioner filed an application purporting to be under Rule 28 of General Rules (Civil). It was contended that the memo of appeal contained argumentative matter, therefore, the same was liable to be returned to respondent No. 1 under the said Rule. The Court below disagreeing with the submission made by the learned counsel for the petitioner dismissed the application by the impugned order, hence the present petition.