RFANo.515/01 Page 1 of 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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RFA No.515/2001

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24^th May, 2012

MRS. SAVIDA SADH

...... Appellant

Through:

Mr. T.A.Francis and Mr. Mahesh

Katyayan, Advocate.

VERSUS

NARENDER PAL MALIK

...... Respondent

Through:

CORAM:

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1.

This Regular First Appeal filed under Section 96 of the Code of

Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated

13.8.2001 dismissing the suit for specific performance and injunction filed by

the appellant/plaintiff. The suit has been dismissed although the proposed

2012:DHC:3595

RFANo.515/01 Page 2 of 8

seller/defendant no.1 failed to appear in the proceedings i.e. no written

statement was filed, the witness of the appellant/plaintiff was not cross-

examined and no evidence was led by the defendant no.1/respondent.

2.

The facts as per the plaint are that the ap