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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 137/2017
VIDYA SAGAR ..... Appellant
Through: Mr. J.S. Kanwar, Advocate.

versus

SUBHASH GUPTA ..... Respondent

Through: None.

CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 06.02.2017
CM 4707/2017 (exemption)

Subject to the appellant filing the certified/typed/legible copies of the

documents annexed with the appeal within four weeks, the application is
allowed and disposed of.
RFA 137/2017 & C.M. No. 4708/2017 (delay)
1. The appellant/plaintiff is aggrieved by the judgment dated 22.9.2016
passed by the learned trial court in a suit for possession, permanent and
mandatory injunction instituted by him against his brother, the
respondent/defendant.
2. Under the impugned judgment, the trial court has dismissed the suit,
expressing absolute helplessness in view of failure on the part of the
appellant/plaintiff to lead evidence.
3. A perusal of the grounds of appeal reveals that the entire blame for
the dismissal of the suit has been laid at the door of the learned trial court.
RFA 137/2017 Page No.1 of 2
This stand has been taken in the teeth of the fact that several opportunities
were granted to the appellant/plaintiff to file the affidavits by way of
evidence and produce the witnesses. There is no explanation coming forth
from learned counsel to explain the failure on the part of the
appellant/plaintiff in making compliances.
4. The order sheets of the suit proceedings enclosed along with the
present appeal reveal that the appellant/plaintiff had been frequently
appearing before the trial court alongwith his counsel and even without him.
In fact, on the date when issues were framed in the suit, i.e. 17.9.2015, the
appellant/plaintiff had appeared in person along with his counsel. Thereafter,
he had appeared in person on 12.1.2016, 04.5.2016 and finally on 22.9.2016,
but in all this duration, he did not take any steps to file his list of witnesses,
the affidavit by way of evidence or lead any evidence.
5. It has been enquired from learned counsel for the appellant/plaintiff as
to how does he explain the conduct of his client, particularly when there is
dead silence on the above aspect in the appeal.
6. Learned counsel for the appellant/plaintiff states that he may be
permitted to file a better affidavit to explain the conduct of the appellant/
plaintiff.
7. A detailed affidavit in this regard shall be filed by the
appellant/plaintiff within four weeks.
8. List on 11.4.2017.

HIMA KOHLI, J
FEBRUARY 06, 2017
ap/mk
RFA 137/2017 Page No.2 of 2