Order 12

Order Details: COPY OF ORDER
Pdf Text: 29 Civ Suit 107/24
Mohammad Danish
Vs.
Shri Munawwar Ali
22.01.2026
Present: Plaintiff in person.
Sh. Md. Akram, Ld. counsel for defendant nos. 1, 2
& 3.
Sh. Sandeep Kumar, Ld. counsel for defendant no.
4/MCD through VC.
Cost of Rs. 5,000/- paid by plaintiff.
Today, plaintiff again seeks adjournment with
submission that he has not brought the original documents and
his counsel is not well.
Illness of counsel is different thing but the plaintiff
is not carrying the original documents, needs to be proven by
him, in consonance to evidence by way of affidavit. Issues have
been framed long back and last and final opportunity has also
been granted. Several times cost has also been imposed upon
plaintiff but then also, the plaintiff is not leading the evidence.
The plaintiff has already swear in affidavit before Oath
Commissioner and could have easily been examined in court in
terms of his affidavit but plaintiff is seeking the adjournment
without any proper grounds.
Adjournment vehemently opposed by Ld. counsel
for defendant nos. 1, 2 & 3 with submission that he is having
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important matter at Tis Hazari Court but he is waiting here since
morning for this matter only. It is further submitted that he has
not been apprised by plaintiff or his counsel in advance regarding
any tentative adjournment without evidence. It is further
submitted that the plaintiff has already reached to heights of
taking adjournment on one ground or other, which is only tactics
of harrasing the defendants, so PE may be closed.
Several times court has already shown the
indulgence and accommodated plaintiff but plaintiff is not
vigilant. In the interest of justice, another opportunity is granted
to plaintiff to lead PE subjected to cost of Rs. 5,000/- to be paid
to all defendants equally.
Matter is adjourned for PE.
It be relisted on 24.02.2026.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
22.01.2026
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