Vimla Devi vs. Sita Ram Karta
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
7 Sept 2002
Order Text
H.C.D.-I (a) Continuation Sheet
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| Sr. No. | Date | Orders 15 |
|---|---|---|
| * IN THE HIGH COURT OF DELHI AT NEW DELHI<br>+ RFA 574/2002 | ||
| VIMLA DEVI Appellant<br>Through Mr.Sunit Kumar, son<br>of the appellant in person. | ||
| versus | ||
| <b>X</b> | SITA RAM KARTA Respondent<br>Through Mr. Rajiv Endlaw | |
| ٠ | CORAM:<br>HON'BLE THE ACTING CHIEF JUSTICE<br>HON'BLE MR. JUSTICE MADAN B. LOKUR | |
| <u>ORDER</u><br>% 19.09.2005 | ||
| This appeal is directed against the judgment and decree | ||
| • | dated 17.5.2002 dismissing the appellant's suit. | |
| The appellant had filed a suit for specific performance and | ||
| <u>í</u> | alternatively for recovery of Rs. 5 lakhs as damages from the | |
| - | respondents. When it came to leading of evidence by the | |
| appellant the matter suffered some adjournments, some o | ||
| which were sought because of non-availability of the appellant | ||
| As a result, she could not lead any evidence in the suit ti | ||
| 17.5.2002 when the trial court closed her evidence and | ||
| motura | Varified | dismissed her suit under Order 17, Rule 3 CPC. |
| gnature Not<br>itally Signed By:A<br>tify that the digital<br>sical file have been | MULYA<br>ile and<br>compared and | The appellant's whole case is that she was not afforded |
| digital data is as pe<br>and no page is miss | the physical<br>ing. | reasonable opportunity to lead her evidence and that she could |
RFA 574/2002
Page No. 1 of 2
Date
Sr. No.
Orders
not do it because of her illness. A perusal of the impugned judgment shows that the appellant was not represented by any counsel on the date when her suit was dismissed. Instead her son had appeared on that date, which suggests that the learned trial court had closed the evidence in the suit without hearing the appellant or her counsel.
In the circumstances, we are left with no option but to set aside the order passed by the learned trial court closing the evidence and the judgment and decree dismissing the suit. The suit shall revive and be proceeded with from the stage of appellant's evidence. The appellant is granted one final opportunity for leading evidence in the shape of affidavits, which shall be done within six weeks from today. In case, the appellant fails to lead any evidence within the prescribed time, it shall be open to the trial court to pass appropriate orders in the suit.
The appeal stands disposed of.
The parties to appear before the learned District Judge on 7.10.2005.
ACTING CHIEF JUSTICE
madan B. Lokur, J
SEPTEMBER 19, 2005
RFA 574/2002
CMS 25 28-29/06 Gravery Some to long conduct.
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