Vasant Surgico Medical Centre ... vs Municipal Corporation Of Delhi
1991 Latest Caselaw 153 Del

JUDGMENT

Mahinder Narain, J.

(1) By my order dated 18-12-1990 I directed that The Zonal Engineer of the M.C.D. should be present in Court .along vith the sanctioned building plan today and also directed that written statement be filed by the M.C.D.

(2) Zonal Engineer is not present in Court nor Is counsel for the defendant present. On 18.121990 counsel for the M.C.D, stated that though orders of this court granting time to the M.C.D. for filing the written statement bad been communicated to M.C.D. yet no steps were taken and no instructions were given to the counsel to file the written statement inasmuch as the M.C.D. has not filed the written statement despite repeated opportunities, being given to file the written statement on 19.3.1990, 2.5.1990, 3.8.1990, 7.11.1990. 12.11.1990 and 18.12.1990 no written statement has been filed.

(3) In the circumstances I think the instant case is a fit one where I should exercise the powers under Order 8 Rnl.e 10 Civil Procedure Code .and decree the suit.

(4) The suit for permanent injunction is accordingly decreed. The permanent injunction is directed to issue to the defendants, their officials, agents, employees and representatives restraining them -from demolishing any portion of the Care block as shown in the site plan attached to the plaint with respect to plot No. B Community Contre, Basant Lok, Vasant Vihar, New Delhi The defendants are also restrained from creating any nuisance or annoyance in the free functioning of the said Care.

(5) "NO order as to costs.

(6) Later on Ms. Anjna Gossain, counsel for the M.C.D. appeared and she has been apprised of the order.