Order 4

Order Details: COPY OF ORDER
Pdf Text: 4 CS SCJ 195-24
DEVENDRA GUPTA Vs. ASHOK KUMAR SARRAF
05.12.2024
Present: None for plaintiff.
Steps have not been taken by the Plaintiff for service
on the Defendant.
Be awaited for the presence of the Plaintiff till 2:00
PM.
At 2:00 PM
None has appeared on behalf of Plaintiff since
morning despite repeated calls.
The present suit is for recovery of Rs. 1,86,681/-
along with pendente lite and future interest @ 12% p.a and on
26.07.2024, after hearing submissions of Learned Counsel for the
Plaintiff, summons of the suit was issued and directions were
given to Plaintiff to take steps for the same.
It is pertinent to mention that Order 7 Rule 11 (f)
CPC states that the plaint shall be rejected “where the plaintiff
fails to comply with provisions of Rule 9”. Rule 9 of Order 7
CPC stipulates the procedure on admitting the plaint: “Where the
court orders that the summons be served on the defendants in the
manner provided in Rule 9 of Order V, it will direct the plaintiff
to present as many copies of the plaint on plain paper as there
Contd...
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are defendants within seven days from the date of such order
along with requisite fee for service of summons on the
defendants.”
The “requisite fee” referred to above is the Process
Fee (PF). Record reflects that the Plaintiff has neither filed PF
nor copies of plaint, and, as such, has not complied with the order
of this Court despite availing repeated opportunities.
The plaint, therefore, stands rejected in view of
Order 7 Rule 11 (f) CPC read with Order 7 Rule 9 CPC.
Decree-sheet be drawn up accordingly.
File be consigned to Record Room, as per rules.
(VAIBHAV PRATAP SINGH)
Civil Judge, Patiala House Courts
New Delhi District, Delhi
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