Final Order 1

Order Details: Chamber summons
Pdf Text: 47
21/08/2023
SUIT
3398/08 @ CS
411/20 @
2309/18
CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent. On court motion, notice
by RPAD was issued to the plaintiff to appear before the court.
However, the plaintiff failed to appear. The online track report
suggests that the door was locked and therefore, notice could not
be served. Nothing more can be done now to intimate the plaintiff
about the proceeding.
Adv. Divya Jain for proposed LR of the defendant No.2 is present
and prayed for dismissal of the suit.
Order below Exh-1
Plaintiff and her counsel are absent. It is found on perusal of
the record and proceeding that though the Chamber
summons No. 411/2020 is found to have been registered,
but it has not been tendered by the plaintiff. Observation
was made to that effect in the roznama dated 01.02.2023. It
was also observed in the said roznama that if the plaintiff
failed to tender registered CS No.411/2020 or to work out
the pending CS No. 2309/18, same would be dismissed in
default and thereafter, the matter was adjourned to
24.03.2023, 29.04.2023, 25.07.2023 and then to
21.08.2023.
Chamber summons No. 2309/2018 was filed for taking on
record the legal representative of deceased defendant No.2
and it is appearing from the submission of the counsel of
proposed LR of deceased defendant No.2 that
	CS
No. 411/2020 was taken out for setting aside the abatement.
In short, plaintiff had to tender original registered
CS No.411/2020 and to argue on the both the Chamber
summons. As the plaintiff and his counsel are absent, and as
they were absent on the previous dates, for the purpose of
hearing and for compliance of direction to tender
CS No. 411/2020, suit is hereby dismissed in default and for
non-compliance of direction.
CS No. 411/20 and 2309/18 are also disposed of, as the suit
is dismissed in default.
Judge
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