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RFA(OS) 24/2010
Date of Decision: April, 2015 ANIL KUMAR Appellant
Through: Mr. Harsh Vardhan Sharma, Adv.
Through: None
HON'BLE MR. JUSTICE P.S.TEJI GITA MITTAL, J (Oral)
CM No.2453-2454/2013
JUDGMENT
1. For the reasons stated, delay in filing the application seeking restoration which was dismissed for default on 17^^ May, 2012 is condoned and the order dated 17^^ May, 2012 dismissing the appeal is hereby recalled. These applications are allowed. RFA(OS) No.24/2010
2. It is submitted by learned counsel for the petitioner that he has filed his vakalatnama in the Registry today. Let the same be brought on record.
3. We are informed by the learned counsel for the parties that the settlement has been reached between the parties and leave is sought to withdraw the appeal. The same request was made before the learned RFA (OS)No.24/2010 page 1 of[2] 2015:DHC:12015-DB m
4. The settlement has been reached between the parties before commencing of hearing of the appeal. The suit was disposed of by the impugned judgment dated 12* January, 1990 holding that the suit was barred by law and the plaint was rejected under Order 7Rule 11 CPC.
5. We are informed that the appellant was not the plaintiffand has been impleaded as defendant no. 3 and was compelled to file the appeal. The appeal has been necessitated because the appellant's rights were impacted by the rejection ofthe plaint.
6. In this view of the matter, the appellant/plaintiff would be entitled to refund of court fee on the appeal in accordance with the provisions of Section 16A of the Delhi Court Fees Act. It is consequently held that the plaintiff is entitled to payments of 50% of the court fee and halfthe amount ofall fees p^ on the memorandum ofthe appeal. The appeal is, accordingly, dismissed as withdrawn.
7. The Registry is directed to issue the requisite certificate to enable the appellant to receive refund of the court fee fi'om the competent authority.
APRIL 07,2015 kr GTTAMnfAL.J P.S.TEJI, J