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Court Order

Final Order 1

CNR MHCC01000583201818 Sept 2023
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 18 Sept 2023 · CNR MHCC010005832018

Order Details: Other
Pdf Text: 56
18/09/2023
SUM
706/15 @ SJ
11/18
CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
Order below Exh-1
Plaintiff and his advocate are absent. On perusal of the
record, it is found that the plaintiff had to serve SJ on
defendants No.1, 2 and 4. Though SJ was registered long
back, it is not appearing that SJ was served on the
defendants and even registered SJ has not been tendered to
the court. Therefore, matter was posted on 07.02.2023 for
dismissal. Because of continuous absence of parties, my
predecessor thought it fit to issue notice to parties more
particularly to the plaintiff with the intention to provide the
opportunity to him. Notice was issued to the plaintiff by
RPAD. However, notice is returned unserved with the postal
endorsement “door locked intimation served”.
As the plaintiff and his advocate absent and failed to serve SJ
on the defendants for over the period more than five years
and the plaintiff even failed to tender registered SJ, the suit
is liable to be dismissed. Hence, the suit is hereby dismissed
in default. As the suit is dismissed in default, SJ No. 11/2018
is disposed of.
Judge
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