Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Avnendra Kumar for pltff present and tendered registered NM No.575/18
alongwith affidavit in support for restoration of suit dismissed in default by order
dated 03.07.2017. TOR.
ORDER IN NM 575/18
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. Admittedly, there is delay in furnishing the
supporting documents as per the office objections. However, as contended by
plaintiff their registered Office is located at Bangluru. The suit is for the recovery
of amount of around Rs.29 + Lacs. 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 No.575/18 is allowed.
2. The unregistered suit is restored, subject to payment of Rs.10,000/- 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, if any within 4
weeks from the date of this order.
In view of this, the suit is restored.
Adjd for compliance and removal of objection on 17.04.18.
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