Final Order 1

Order Details: Notice of Motion
Pdf Text: 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.
Sd/-
Judge
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