Full Order Text
Final Order 4 · 08 Sept 2025 · CNR MHCC010003252020
Order Details: Other Pdf Text: 08.09.2025 04 Court Room No.31 - Commercial Court, Mumbai Coram : PRASAD P. KULKARNI, District and Additional Sessions Judge Com Suit 50/2020 None present for plaintiff. None present for defendant. Kept back for dismissal order in second session. Later on at 04.15 pm. None present for plaintiff. None present for defendant. It is a suit of year 2020 i.e. five years old proceeding. In this suit issues are framed on 11.01.2024. Plaintiff not tendered oral and documentary evidence. Hence, on 23.10.2024 time was granted to plaintiff to lead evidence with a condition that if evidence is not tendered suit will for dismissal order. On 06.01.2025 last opportunity was granted to plaintiff. On 20.02.2025 as well plaintiff not tendered evidence nor even applied for an adjournment. On the very day the then Presiding Officer recorded that suit shall proceed without evidence of plaintiff. Since then five dates lapsed neither plaintiff nor advocate turned up before the court. It is a very elementary principal of evidence that burden of proof is on a person who would failed if no evidence is adduced by either parties. So burden of proof is on the plaintiff. Plaintiff not tendered oral or documentary evidence. In such circumstances, suit stands dismissed in default. Interim application if any stands disposed off. Proceeding is closed. Judge -- 1 of 1 --