Order 1

Order Details: Other
Pdf Text: 1 M.A.No.9/2018 in Suit No.8334/1998
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MISCELLANEOUS APPLICATION NO.9 OF 2018
IN
S.C.SUIT NO. 8334 OF 1998
Mridula V. Rathi and others ]. Plaintiffs.
V/s.
Neelkumar R. Gupta & Others. ]..Defendants.
Plaintiff no.3 in person.
Advocate Ms. Almeda for defendant nos.1 to 4.
CORAM : HER HONOUR JUDGE
MS. S.P. PONKSHE.
(C.R.NO.01)
DATE : 28th AUGUST 2018
ORAL ORDER
Heard. Perused Miscellaneous Application and order passed
on 24.01.2018 by my learned predecessor. It seems that after framing
of issues, the plaintiff has tendered affidavit of examinationinchief
vide Exh.5. Thereafter, the plaintiff remained absent for facing cross
examination. It appears that inadvertently, the order has been passed
by my learned Predecessor, as evidence of the plaintiff closed. As the
plaintiff was absent for crossexamination, suit was to be dismissed.
But now, this Miscellaneous Application has been filed by the plaintiff
for setting aside the order passed on 24.01.2018.
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2 M.A.No.9/2018 in Suit No.8334/1998
2 In the above facts and circumstances, the order passed on
24.01.2018 is necessary to be set aside. But while setting aside the said
order, the conduct of the plaintiff is to be taken into consideration. It
appears that the said order was passed, considering the fact that, the
plaintiff remained absent for crossexamination and the defendants
were present. But further, it reveals that lateron on the same day the
witness appeared before the Court. Therefore, in order to decide real
controversial issues involved in the suit on merits and to avoid
multiplicity of the proceedings, it is just and proper to allow present
Miscellaneous Application. With this, I pass the following order:
ORDER
Miscellaneous Application No.9 of 2018 is hereby allowed.
2 P.W.1 is directed to remain present before the Court on
next date without fail for crossexamination.
3 Miscellaneous Application No.9 of 2018 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
Date: 28/08/2018. City Civil Court,
Gr. Bombay.
Dictated on : 28/08/2018
Transcribed on : 28/08/2018
Signed on : 29/08/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29/08/2018 At 4.15 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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3 M.A.No.9/2018 in Suit No.8334/1998
Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.01)
Date of pronouncement of
Judgment/Order
28/08/2018
Judgment/Order signed by P.O. on 29/08/2018
Judgment/Order uploaded on 29/08/2018
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