Final Order 9

Order Details: COPY OF ORDER
Pdf Text: 2 CS 754/23
RAKESH SHARMA
Vs. SUNIL KUMAR SHARMA AND ORS
11.04.2026
File taken up today as 03.03.2026 was declared holiday.
Present: None for plaintiff.
On the LDOH, opportunity was granted to the plaintiff to
clarify on the point of maintainability of the suit with specific direction
that in case of non-compliance matter shall proceed with in accordance
with law.
Perusal of record further shows that none is appearing for
the plaintiff since 07.12.2024.
Even today, none has appeared for plaintiff despite calls.
It is settled that a party seeking relief must demonstrate
due diligence in prosecuting their case. The continuous non-compliance
of order dated 31.07.2025 and absence of the plaintiff amounts to an
abandonment of the proceedings and constitutes non-prosecution.
Therefore, this Court is not obliged to keep matter pending
indefinitely, where the plaintiff shows no interest in prosecuting the suit.
In view of the plaintiff’s continuous absence and failure to
pursue the present suit and in the absence of justifiable reason for non-
appearance and non compliance of order dated 31.07.2025, this Court is
left with no option, but to dismiss the suit for want of non-prosecution.
Accordingly, present suit is dismissed in default as well as
for non-prosecution.
File be consigned to Record Room, as per rules.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/ 11.04.2026
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