The appellant is the plaintiff and the original respondent number represented by his legal representatives is the defendant in the civil suit out of which these appeals arise.
The defendant felt aggrieved and filed second appeal in the High Court of Delhi.
A few facts need mention hereinbelow for the disposal of the appeals, which involve a short point.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow these appeals and while setting aside the impugned orders, remand the case to the Trial Court Senior Civil Judge for trying the civil suit afresh on merits in accordance with law.
Thereafter the plaintiff filed application for rehearing of the second appeal but the same was dismissed by order dated 26.04.2017.
By judgment dated 26.07.2010, the first Appellate Court dismissed the appeal and upheld the judgment and decree passed by the Senior Civil Judge.
Against both the orders, the appellant plaintiff has filed the present appeals by way of special leave in this Court.
By order dated 03.11.2016, the High Court allowed the second appeal, set aside the judgment of the first Appellate Court and dismissed the plaintiffs appellants herein suit.
The defendant, however, companyld only crossexamine the plaintiffs witnesses without his defence for want of written statement.
147 of 2007 against the original respondent defendant in the Court of Senior Civil JudgecumRent Controller North East Dist. ,
The defendant felt aggrieved and filed first appeal before the Additional District Judge.
The plaintiff then adduced his evidence.
The appellant plaintiff filed Civil Suit No.
Abhay Manohar Sapre, J. Leave granted.
These appeals are directed against the final Signature Not Verified judgment and order dated 03.11.2016 passed by Digitally signed by ANITA MALHOTRA Date 2019.03.28 172457 IST Reason the High Court of Delhi at New Delhi in R.S.A. No.188 of 2010 whereby the High Court allowed the RSA filed by the respondents herein and order dated 26.04.2017 in CM Application No.46865 of 2016 by which the High Court dismissed the application for rehearing of the second appeal filed by the appellant herein.
By judgment decree dated 01.02.2010, the Senior Civil Judge decreed the plaintiffs suit by passing a decree for permanent injunction as prayed by him.
