Date: 05-02-2018
Business: Plaintiff present.
Adv. Mr. Priyank Shukla for plaintiff present.
He sought extension of time to serve writ of summons upon defendant no. 3.
O- allowed.
Defendant no. 1 to 3 present.
Adjd to 5.4.2018 for service of writ of summons
Next Purpose: SERVICE
Next Hearing Date: 05-04-2018
Date: 05-04-2018
Business: As court is on leave
Next Purpose: SERVICE
Next Hearing Date: 26-06-2018
Date: 26-06-2018
Business: As court is on leave
Next Purpose: SERVICE
Next Hearing Date: 08-08-2018
Date: 08-08-2018
Business: HHJ is Nominated as trainer for tranining on mediation hence today Board is discharged.
Next Purpose: SERVICE
Next Hearing Date: 03-11-2018
Date: 03-11-2018
Business: Adv.Mr.Shukla Plff.present.
None for defendant.
Defendant is directed to take steps for registratio of N/m, failing which suitable orders will be passed.
Adjd.for hearing on 09.01.2019.
Next Purpose: HEARING
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Business: Defendant No.1 present.
None present for plaintiff.
KB
L.O.
Adv. R.P.Singh for Defendant present.
He tendered registered NM no.119/19 t.o.r.
Copy of NM be served on other side.
Adj for service to 29.01.2019.
Next Purpose: SERVICE
Next Hearing Date: 29-01-2019
Date: 09-01-2019
Business: Defendant No.1 present.
None present for plaintiff.
KB
L.O.
Adv. R.P.Singh for Defendant present.
He tendered registered NM no.119/19 t.o.r.
Copy of NM be served on other side.
Adj for service to 29.01.2019.
Next Purpose: SERVICE
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Adv. Salunkhe for Defendant no.1 present.
Adv. Shukla for Plaintiff present.
Say filed by Adv for Plaintiff on NM No.119/19.
Order below NM No.119/19.
Perused Notice of Motion, affidavit in support of it and say of Plaintiff. Heard respective counsel for parties. Present Notice of Motion is taken out by Defendant no.1 for condoning delay in filing written statement and allowing him to file written statement. It is contended that Defendant no.1 tried to settle the dispute as it was between the family members so he could not approach his Advocate to file written statement in above matter. He approached his present Advocate who prepared his written statement on 04.04.2018 and same is verified and affirmed by him on 05.04.2018 but it could not be taken on record as delay has been caused to file the same. Thereafter, he was bed ridden and advised by Doctor to take complete bed rest. In above circumstances, Defendant no.1 has made prayer in above terms. Plaintiff has opposed motion on the count that it does not disclose sufficient cause and is not supported by documents. It appears that writ of summons has been served upon Defendant no.1 on 29.01.2018. He ought to have file written statement within 30 days from date of service of summons but he failed to do so. Alongwith motion written statement is filed to show that verification has been made by Defendant no.1 on 05.04.2018 i.e. within the period of outer limit of 90 days from the date of service of summons. It shows bonafide on his parts. Considering above facts and that reason assigned by the Defendant no.1 are sufficient to condone the delay caused in filing of written statement. Hence pass following order.
ORDER
1. Notice of Motion no.119/19 is allowed subject to cost of Rs.1,000/- payable to Plaintiff and made absolute in terms of prayer clause A subject to payment of cost.
2. On payment of cost written statement be taken on record.
Cost paid by Defendant no.1 to Plaintiff.
Ex.3 Written statement filed by Defendant no.1 t.o.r.
Adj for issues to 19.03.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Plff and Adv absent.
Deft no.1 present.
Adj for framing issues to 15.06.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Plff and Adv absent.
Deft no.1 present.
Adj for framing issues to 14.08.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Adj for framing issues to 09.10.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Rajnish Upadhyay for Plaintiff present.
Defendant no 1 present.
Adjd. to 6.12.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Adv. Priyank Shukla for plaintiff present.
Defendant no 1 present.
Adjourned to 22.01.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Priyank Shukla for plaintiff present.
Plaintiff present.
Adv. for plaintiff sought time to file draft issues.
O- Granted.
Adjourned for framing issues to 9.03.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Plff and her Adv absent.
Deft no. 1 present.
Matter stands Adj for draft issues to 06/05/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv Priyank Shukla for plff present.
Matter stands Adj for Draft Issue to 24/02/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv Priyank Shukla for plff present.
He submitted that matter is settled out of Court between the parties and parties are going to consent term.
Matter stands Adj for Draft Issues to 12/03/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: None present for both parties.
Matter stands Adj for Framing Issues to 05/05/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Both parties and their Adv absent.
Matter stands Adj for Draft Issues to 07/12/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: P.O. is on leave. matter is adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Both parties and their advocate absent.
Matter stands Adj for draft issue to 02/05/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Both parties and their Adv absent.
P. O. is busy in dictating Judgment in SU 554/2019 and order on NM 505/2021 in SU 598/2021.
Hence matter stands Adj for Draft Issues to 03/08/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 03/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Both parties and their advocate are absent.
Draft issue not filed.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 21/1/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Both parties and their advocate are absent.
Matter adjourned for draft issue to 18/04/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Both parties and their advocate are absent.
Draft issue not filed.
Matter adjourned for draft issue to 08/08/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Both parties and advocate absent.
Matter adjourned for draft issues on 09.10.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: Both parties and advocate absent.
Matter adjourned for draft issues on 05.12.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Both parties and advocate absent.
Matter adjourned for draft issues on 03.02.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: Both parties and advocate absent.
Matter adjourned for draft Issues on 28.03.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Both parties and advocate absent.
Matter adjourned for draft issues on 19.06.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: Both parties and advocate absent.
Matter is adjourned for draft issues on 20.08.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Both parties and advocate absent.
Matter is adjourned for draft issues on 05.11.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: Both parties and advocate absent.
Matter is adjourned for draft issues on 13.01.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Both parties and advocate absent.
Matter is adjourned for draft issues on 09.04.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: Both parties and advocate absent.
Matter is adjourned for draft issues on 25.08.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: P.O IS ON LEAVE
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-11-2025
Date: 11-11-2025
Business: None present for the parties.
Draft issues not filed.
Issues framed and marked as Exhibit-4.
Matter adjourned to 26.11.2025 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: None present for parties.
Kept back
Later on at 12.00 Noon
None present for the parties.
Order below Exhibit-1 It appears that the suit was fixed for tendering evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record seeking adjournment. This conduct of the plaintiff shows that now he has lost his interest in the suit. Therefore there is no reason to postpone instant matter on next date for the same purpose. It is only due to absence of the plaintiff the suit could not proceed ahead and therefore considering the age of the lis, this Court is constrained to pass dismissal order. Ergo the Order.
ORDER
01. Suit is dismissed for want of prosecution vide Order XVII Rule 3 r/w Order IX Rule 8 of the Code of Civil Procedure 1908.
02. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly.
03. The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful.
04. The proceeding is closed accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 26-11-2025
