Date: 26-02-2019
Business: Adv. Sachin Kanse for plaintiff present and tendered registered NM 326/2019 alongwith affidavit in support. He also filed affidavit of service on respondent nos.1 and 2. He submitted that respondent no.3 has refused to accept service. Statement to that effect is made on oath in the affidavit of service. None appeared for the respondents despite proper service hence, NM No.326/2019 to proceed Exparte against all respondents.
Adjd. to 10.04.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Adv. Sachin Kanse for the Plaintiff present.
Order passed below N/M no. 326/19
This N/M has been taken out by the applicant/ original Plaintiff for setting aside dismissal order passed on 4.10.2018. Perused affidavit in support filed by the applicant. It appears that suit was dismissed on 4.10.2018 for want of steps. According to the applicant is earlier advocate could not attend the dates, due to her ill-health and other personal difficulty. Then, his earlier advocate returned all the papers of the suit and he was in process of arranging new advocate. Considering above reason. It appears that the Plaintiff failed to take further steps in the suit. Hence, in the interest of justice and considering nature of the suit, N/M is to be allowed by imposing costs upon the Plaintiff. With this I proceed to pass the following order.
Order
1. N/M no. 326/19 is made absolute in terms of prayed clause (a) and (b) on depositing costs of Rs.1000/- with DLSA within 8 days from date of this order.
2. On payment of costs, suit be registered to its original stage and issue writ of summons and letter of request to concerned defts and the Plaintiff is directed to file on record proof of service of writ of summons and letter of request without fail.
3. Failure to make compliance, N/M stands dismissed automatically.
4. N/M no. 326/19 stands disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 15-06-2019
