Interim Order 11

Order Details: COPY OF ORDER
Pdf Text: 12
CS 32/23
S M GUPTA DNA ANR (Senior Citizen) Vs.
KUMAR NEERAJ M SHANDILYA
12.02.2026
Present: Wife of the Plaintiff.
Defendant
ex-parte vide order dated 10.11.2023.
Wife of the plaintiff seeks another short
adjournment to lead PE submitting that counsel for the plaintiff is
unwell.
Record reflects that on 18.01.2024, wife of the
plaintiff sought adjournment submitting that plaintiff no.1 was
unwell and matter was adjourned for 03.05.2024. On 03.05.2024,
another adjournment was sought stating that plaintiff was down
with fever and matter was posted for 20.07.2024. On 20.07.2024,
another adjournment was sought on the ground that plaintiff no.1
was unwell and matter was posted for PE on 28.11.2024. On
28.11.2024, son of the plaintiff appeared and sought adjournment
submitting that his counsel was not available and matter was
posted for 16.04.2025. On 16.04.2025, counsel for the plaintiff
sought an adjournment submitting that plaintiff has sustained a
fracture due to sudden fall and matter was accordingly posted for
PE on 10.09.2025. On 10.09.2025, another adjournment was
sought by the plaintiff on the ground that main counsel was down
with fever. Today again, instead of leading PE, an adjournment is
being sought on the ground that counsel is unwell.
Evidently, sufficient opportunities have already been
granted to the plaintiff to lead PE. Yet plaintiff is avoiding to
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lead PE on one pretext or the other. Still in the interest of justice,
one more opportunity is granted to the plaintiff, considering the
illness of plaintiff’s counsel. However, counsel for the plaintiff is
directed to file an affidavit to the effect that on account of his
illness, he could not appear before any of the judicial forum
today, failing which the plaintiff shall be saddled with a cost of
Rs.30,000/- to be deposited with Lawyers Welfare Fund, New
Delhi.
List the matter for
ex-parte PE on 25.05.2026.
(Dharmender Rana)
District Judge – 01
PHC/New Delhi/12.02.2026
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