Final Order 1

Order Details: Notice of Motion
Pdf Text: Heard LC for plaintiff. This is application for restoration of the suit which was
dismissed during the stage of removal of objection. LC for plaintiff submitted that
the plaintiff is now ready to remove all the objections and prayed for restoration.
As the matter was dismissed at the stage of institution, it is not necessary to
issue notice to the defendants. It is contended by plaintiff that the papers required
for removal of the office objections could not be provided by the plaintiff within
reasonable time, which were lying with the earlier advocate who was suffering
some eye problem and thereafter stop practicing. Admittedly there is delay and
laches on the pat of plaintiff or adv. for plaintiff. However, the litigant should not
suffer for such delay and laches. While considering the present Notice of motion
the fact is also required to be taking into consideration that earlier too the suit
was dismissed in default and the same was restored. However, the subsequent
justification/reason of plaintiff seems to be genuine and reasonable. Therefore, an
opportunity is required to be given to the plaintiff to remove the objections.
Hence, application deserves to be allowed but subject to payment of the costs to
be imposed on the plaintiff for negligency on his part. Hence following order.
ORDER
1. Notice of motion 211/18 is allowed.
2. The suit No.610/16 is restored, subject to payment of Rs.10,000/- to be
deposited with the office of Legal Aid within 2 weeks from the date of this order.
3 Plaintiff is directed to remove the remaining office objections within 2 weeks
from the date of this order.
In view of this, the suit is restored.
Adjd for removal of objection on 11.04.18.
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