DR R N SINGH vs UNION OF INDIA & ORS

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 15th May, 2025 + RSA 206/2024 DR R N SINGH .....Appellant Through: Mr. Rajul Shrivastav, Advocate (DHCLSC) with Ms. Monisha Handa and Mr. Arnav Chaudhary, Advocates. versus UNION OF INDIA & ORS .....Respondents Through: Mr. T.P. Singh, Sr. Central Govt. Counsel for R-1. Mr. H.L. Tiku, Sr. Advocate with Mr. Hitesh Wadhwa and Mr. Rahul Regmi, Advocates for R-3 & 4. HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI J U D G M E N T ANUP JAIRAM BHAMBHANI J. By way of the present second appeal filed under section 100 of the Code of Civil Procedure 1908 („CPC‟), the appellant seeks setting-aside of judgment dated 09.09.2019 passed by the learned Additional District Judge, Central District, Tis Hazari Courts, Delhi in RCA No.23/2018, by which the learned first appellate court has upheld judgment and decree dated 26.10.2017 passed by the learned Signature Not Verified Signed By:ANJALI KAUSHIK Signing Date:15.05.2025 14:42:58 RSA 206/2024 Page 1 of 14 SCJ-cum-RC, Central District, Tis Hazari Court, Delhi in suit bearing CS No.94698/16/02. By way of judgment and decree dated 26.10.2017 the learned trial court had dismissed the suit filed by the appellant (plaintiff) seeking declaration, mandatory injunction and recovery of Rs. 2,80,250/- (including Rs.90,250/- as interest) 2. The present second appeal was initially accompanied by an application bearing CMI No. 11/2019 filed under Order XLIV CPC seeking to pursue the appeal as an indigent person, which application was allowed after due verification vide order dated 06.07.2023; whereafter however, the second appeal was erroneously registered as a first appeal bearing RFA No. 707/2023; which error was corrected vide order dated 29.11.2024 and the matter then came to be register