Order 7

Order Details: COPY OF ORDER
Pdf Text: CS No.88023
VIKAS SHAH Vs. SANDEEP KUMAR
23.03.2024
Present: Ms. Kajal Bhatia and Sh. Krishan Kumar, ld. counsels for
plaintiff.
None for the defendant.
Passover sought for the presence of the AR.
Be taken up again.
Payal Singal
CJ08 (Central)
23.03.2024/Delhi
At 12:35 PM
Present: Ms. Kajal Bhatia and Sh. Krishan Kumar, ld. counsels for
plaintiff.
None for the defendant.
Defendant has not appeared since morning despite repeated
calls. Right of the defendant to file written statement was already closed on
06.07.2023. It appears that defendant is not interested in contesting the
present suit. Therefore, suit is proceeded exparte against defendant under
Order 9 Rule 6(a) of CPC.
Affidavit of PW1 is already on record, however, an
adjournment is sought to lead evidence as the stamped copies of the ledger
are not on record.
Further, an application under Section 151 of CPC is filed
seeking waiver off costs as imposed vide order dated 02.02.2024. It is
submitted that on the said date, the wife of the plaintiff/PW1 had a medical
emergency and thus the witness could not appear. It is further submitted that
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on the date prior to that date, it was the plaintiff's marriage and therefore, he
could not appear. Accordingly, it is prayed that the costs may be waived off.
Heard.
On 11.09.2023, the date was given in the presence of the ld.
counsel for plaintiff and if the factum of marriage of the plaintiff had been
apprised to the Court, the date could have been accommodated. Further, no
medical documents of the wife of PW1 has been filed on record in support of
the adjournment sought on 02.02.2024. Moreover, despite adjournments on
the last two dates of hearing, today again, an adjournment is being sought.
In the given circumstances, the Court is not inclined to waive
off the costs. Application is dismissed and disposed off accordingly. Let cost
receipt be filed on the next date.
Put up for exparte plaintiff's evidence as a matter of absolute
last opportunity, on 03.06.2024. Date is given at the request of the ld. counsel
for plaintiff.
Payal Singal
CJ08 (Central)
23.03.2024/Delhi
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