Delhi High Court: A Division Bench comprising of Rajendra Menon, CJ. and V. Kameshwar Rao, J. dismissed an appeal against the order of a Single Judge whereby he closed appellant’s right to file list of witnesses as well as evidence by way of affidavit.
The appellant had filed a suit for specific performance of an Agreement to Sell entered into between the parties. The respondents filed a written statement thereto. The issues were framed. Thereafter, counsel for the respondents informed the appellant regarding the death of Defendant 1. An application under Order 22 Rule 4 CPC was filed by the appellant to implead legal heirs of Defendant 1. Subsequently, the said legal heirs were impleaded in place of Defendant 1. As a matter of fact, the Joint Registrar closed the right of the appellant to lead evidence. When the matter was listed before the Single Judge, he declined appellant’s prayer for extension of time to file list of witnesses as well as evidence by way of affidavit. Aggrieved thereby, instant appeal was filed.
The High Court considered the matter and found favour with the submission of the respondent who challenged the maintainability of the appeal inasmuch as the impugned order was not a judgment and therefore not appealable. The High Court held that the order under challenge did not amount to a judgment conferring a right to appeal under Section 10 of the Delhi High Court Act, 1966. Therefore, the order impugned was not an appealable order under Section 104 read with Order 43 Rule 1 CPC. Resultantly, the appeal was dismissed holding it to be not maintainable. [Kushal Infraproject Industries (India) Ltd. v. Umed Singh,2018 SCC OnLine Del 12009, decided on 22-10-2018]