WAZIRABAD MULTI PURPOSE COOPERATIVE SOCIETY LTD Vs. RAJAN
HIGH COURT OF DELHI
WAZIRABAD MULTI PURPOSE COOPERATIVE SOCIETY LTD
RAJAN,H.B.R. TRANSPORT CO,SH. MANI RAM
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J.M.MALIK, J. -
(1.) The appellant had filed two suits against the respondents for permanent injunction being suit no. 554/91 (M-70/2004) and another suit under Section 6 of the Specific Relief Act and for Mandatory Injunction being suit no. 71/2004 In the suit no. 554/91, the appellant also filed an application under Order 39 Rule 2-A CPC being M-4/92 (new no. M-72/2004). The suits were dismissed due to non-appearance of the counsel for the plaintiff / appellant. The appeal preferred by the appellant was also dismissed in default. This judgment would dispose of all the three above mentioned appeals bearing no. RSA 318/2005, RSA No. 322/2005 and RSA No.323/2005.
(2.) The following substantial questions of law in each of the two appeal preferred against the dismissal of the suits in default are formulated :-
1].Whether there were sufficient grounds for non- appearance of the plaintiff/appellant on 29.10.2004" 2].Whether there were sufficient grounds for condonation of delay in filing the appeals before the First Appellate Authority"
(3.) I have heard the counsel for the parties on merits as well. Both the suits of the appellant were dismissed in default on 29.10.2004 Separate applications were moved for restoration of the suits on 24.11.2004 The Trial Court dismissed the applications for restoration of the suits on 12.05.2005.;
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