Rajiv Sahai Endlaw, J.:--

1. The appeal impugns the judgment and decree dated 8th October, 2009 of the Court of the Addl. District Judge, Tis Hazari Courts, Delhi of dismissal of Suit No. 745/08/01 filed by the predecessor-in-interest of the appellant, consequent to an order of rejection of plaint on an application by the respondent/defendant No. 1 under Order 7 Rule 11 of the CPC.

2. The appeal was accompanied with applications for condonation of 22 days delay in filing and 88 days delay in re-filing the appeal. Notice of the appeal and applications was issued and the matter adjourned from time to time. Replies to the applications for condonation of delay have been filed by the respondent/defendant No. 1 only and to which a rejoinder has been filed by the appellant/plaintiff. The respondent/defendant No. 2 DDA, the respondent No. 3 Delhi Urban Arts Commission and the respondent No. 4 MCD have not filed any replies. Respondent No. 2 DDA though has filed a counter affidavit to the appeal.

3. The suit from which the appeal arises was filed on 21st May, 2001 by the then Delhi Vidyut Board (DVB), being the predecessor in interest of the appellant, pleading:-

(a). that the respondent/defend

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