Final Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9 Misc DJ 677/23
OM PRAKASH GUPTA AND ORS Vs. DUSHYANT AND ORS
23.07.2024
Present: Plaintiff no. 3 in person.
Sh. V.K. Singh, Ld. Counsel for defendant no. 1 and 2
alongwith defendant no. 1.
Plaintiff no. 1 has already expired and plaintiff no. 2 already
deleted. Argument on application under Order 9 Rule 4 CPC heard. The
said application has been strongly opposed on the ground that plaintiff
no. 3 was not deligently pursuing his case. However, from the previous
ordersheet, it is seen that immediately on the last date of hearing before
the date of dismissal, plaintiff no. 3 was present.
2. It appears that only on account of non-appearance of
plaintiff on one single day, the case was dismissed in default by my Ld.
Predecessor. Cost can be imposed for causing inconvenience.
Accordingly, said order be set aside and the suit be restored to its original
subject to cost of Rs.3,000 to be paid to defendant no. 1 and 2. Other
defendant are already
ex parte.
3. Put up for payment of cost and PE on 14.08.2024 at 11 AM.
As it is an old matter, no further adjournment shall be given. The
proceeding of the Misc file be attached on the backside of the main file.
(Naresh Kumar Laka)
DJ-07, Central, THC
23.07.2024
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