Order 1

Order Details: Notice of Motion
Pdf Text: 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. It is contended by the plaintiff that he was under
impression that his advocate will do needful in the matter and remove the office
objections. 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 845/18 is allowed.
2. The suit No. 468/17 is restored, subject to payment of Rs.3,000/- to be
deposited with the office of Legal Aid within 2 weeks from the date of this order.
3 Plaintiff is directed to remove the remaining office objections within 2 weeks
from the date of this order.
In view of this, the suit is restored.
As the provisions of S.R.A. will be relevant for deciding/adjudicating the present
suit, the suit is assigned to C.R.No.12.
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