RAJIV SAHAI ENDLAW
Delhi Development Authority – Appellant
Versus
Engineering & Industrial Corporation Pvt. Ltd. – Respondent
RAJIV SAHAI ENDLAW, J.
1. On 9th July, 2018, after hearing the counsels, the following order was passed:-
“1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 26th July, 2008 in RCA No. 39/2006 of the Court of Additional District Judge (ADJ), Delhi] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant Delhi Development Authority (DDA) against the judgment and decree [dated 27th May, 2006 in Suit No. 624/2006 of the Court of the Civil Judge, Delhi] in a suit filed by the respondent/plaintiff against the appellant DDA.
2. The appeal was preferred only in the year 2015 i.e. after nearly seven years of the judgment appealed against and was accompanied with an application for condonation of delay. Vide judgment dated 31st January, 2017, subject to the appellant DDA paying costs of Rs. 5 lakhs to the respondent/plaintiff, the delay was condoned. On the respondent/plaintiff refusing to take costs, the costs was ordered to be deposited with the Prime Minister's Relief Fund and further ordered to be recovered from the salary of the officials found guilty for causing such delay
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