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2001 Supreme(Del) 37

S.K.MAHAJAN
MANOHAR LAL – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
Rajiv Bansal, RAVI GUPTA

S. K. Mahajan

( 1 ) IN a suit filed by the plaintiff, an application was filed by him for an injunction restraining the defendants from dispossessing him from the property in dispute except by due process of law. The injunction having not been granted, civil revision came to be filed in this Court and by order dated 4/03/1991 passed in Civil Revision No. 778/89 this Court allowed the application of the plaintiff and restrained the defendant from dispossessing the plaintiff from the property in dispute during the pendency of the suit except by due process of law. The suit of the plaintiff was dismissed in default on 13/02/1998. With the dismissal of the suit, all interim orders stood vacated. Plaintiff filed an application under Order IX, Rule 9, Civil Procedure code for restoration of the suit. By order dated 30th september, 1998, the Trial Court restored the suit, subject to payment of Rs. 800. 00 as costs. At that time, it was pointed out by Counsel for the Delhi Development authority that since after the dismissal of the suit, the demolition has been carried out and the suit had become infructuous. Contention of the plaintiff is that only a part of the property had been demolishe




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