Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Khan Farhana for pltff present and filed registered NM 285/18 with
supporting affidavit for restoration of the suit. TOR.
ORDER IN NM 285/18
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. The litigant can not be denied right to litigate for
inadvertent negligence or mistake on his part or of advocate. 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 285/18 is allowed.
2. The suit No.1472/17 (Stamp no.2183/17) is restored, subject to payment of
Rs.1500/- to be deposited with the office of Legal Aid within a week from the date
of this order.
3 Plaintiff is directed to remove the remaining office objections within 14 days
from the date of this order.
In view of this, the suit is restored.
Adjd for removal of objection on 16.02.18.
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