(10) The question for determination is if there is sufficient cause for not filing the certified copies of the judgments of the Rent Controller, Rent Control Tribunal and the grounds of appeal before the lower appellate court. The argument of the learned counsel for the appellant was that in the present case the omission was on account of negligence of the lawyer and his clerk and that under such circumstances, as held by this Court in Lachhiman Das v. Shri Suraj Parkash, and Nirmala Devi v. Gopal Krishan and others, , the delay should be condoned. Therefore, it is to be seen it negligence of the lawyer alone was the cause of non-filing the certified copies within time.
4. The main ground on which the order dated 24/01/12 is
sought to be reviewed is that there is an error apparent on
record in the said order. The basis for it is stated to be that
the defendant in exceptional circumstance can move a
temporary injunction application u/o 39 rule 1 and 2 without
claiming any cross relief on a counter claim and in such
case there is no occasion for him to prove a prima facie
case as he only relies upon the prima facie case made out
by the plaintiff. The plaintiff has relief upon Nirmala Devi Vs
Gopal Krishan and others 21(1982) DLT 326. In the said
ruling a revision petition was moved in the Hon'ble Delhi
High Court challenging the order of the Senior Sub Judge
reversing the order of Subordinate Judge granting leave to
amend the plaint. In the said case the Subordinate Judge
Suit No.495/10 Page No. 3
allowed a review on the ground that a ruling of the Full
Bench could not be brought to the notice of the Court while
considering an application for amendment and the
amendment was allowed after considering the said Full
Bench ruling. But in the present matter no such case has
been made out by the applicant / defendant no. 1 that any
ruling was mentioned but was over looked or not brought to
the knowledge of the Court while passing the order dated
24/01/12.
The case titled as 'Nirmala Devi Vs Gopal
Krishan & Ors.' 21 (1982) DLT 326 pertains to the amendment of the
plaint in which the amendment was sought to the incorporated to convert
the suit for mandatory injunction for vacation of the suit property into a
suit for possession and the amendment was allowed. Therefore, nothing
in this judgment to held that suit for mandatory injunction is not
maintainable. As far as case titled as 'Mohd.