Date: 26-07-2019
Business: Adv. A K Saxena for plaintiff present.
Vakalatnama filed on behalf of the plaintiff.
Heard him on NM 377/19 supported by an affidavit of plaintiff.
He submitted that this court had dismissed the suit on 22.11.16 for not removing the office objections.
However, the Adv. of the plaintiff did not inform her about dismissal of the suit. The plaintiff continued to enquire of the status of the suit. but the Adv. told that objections were to be removed. It is submitted that plaintiff has come to know about the dismissal of the suit sometime in Sept 2018 and thereafter the present NM is taken out.
Hence there is delay. Under the above circumstance, it is prayed that the order of 22.11.16 may be set aside, suit be restored to file and the delay may be condoned and the time for removal of office objections be extended.
In view of the submission made before the court and the grounds stated in the NM and supporting affidavit, I proceed to pass the following order
Order
1. NM 377/19 is hereby allowed
2. Order dated 22.11.16 shall stand set aside on plaintiffs depositing cost of the suit Rs. 500/- in the office of District Legal Aid Services Authority within 2 weeks from today and the suit shall be restored to file.
3. If the above directions are complied with by the plaintiff, the time to remove office objections shall stand extended till 31.08.19. Plaintiff and office shall comply accordingly.
4. NM is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 26-07-2019