Date: 15-04-2019
Business: Adv. of plff present.
Adv. of D/2 and 4 present and has filed V.P. he has also filed Register N.M NO. 1165/19
Matter is adjd. to.10.07.2019 for hearing on N.M. 1165/19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Adv. Singh i/b Adv. Sarogi for plff present.
Defendant no. 2 present.
Kb
Later On. At 04.15 pm.
Adv. Singh i/b Adv. Sarogi for plff present.
Defendant no. 2 present.
Adv. for deft no. 2 and 4 present and filed Rejoinder. TOR.
Record reviles that no writ of summons is produced for the plff by order dt. 23.10.2018 respect of rest for the defendants. The instructed advocate for plff submitted that he will check the matter and take the appropriate steps. But indicates that 23.10.2018 the report of service of writ of summons on all the defendants is not on record. Hence Keep for appropriate order.
Matter is adjd. to. 19/07/2019 for taking Steps.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Matter is adjd. to. 05/08/2019 for Report of Service.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Date: 25-11-2019
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Adv. Mr. Singh for plaintiff present and submitted that, plaintiff is already directed to file affidavit of service but, it is not tender till date.
Adv. Mr. S. R. Patel for defendant nos.2 and 4 present.
K. B. at 02.45 p.m.
L. O. at 02.54 p.m.
Same appearance.
Adv. Mr. Singh submitted that, order dtd. 22/10/2019 will be complied by plaintiff till next date. Defendant advocate Mr. Patel strongly objected that, suit must be dismissed against defendant nos. 2 and 4 because, writ of summons was not severed upon those defendants in last 6 years. Today also plaintiff is absent, it seems that, plaintiff has lost seriousness in the matter hence, today the adjournment would be granted by believe in the words of plaintiff\''s advocate. Again plaintiff will give no importance to the orders of the court hence I find that, as a reminder to plaintiff he must be directed to bear cost for seeking adjournment. Hence adjournment is granted subject the to the cost of Rs.1,000/- to be paid by the plaintiff to defendant nos. 2 and 4 who are contesting the matter. It is made clear that the cost amount is not awarded as punishment but as a reminder. So that on next date on plaintiff failure court can passed further strict orders against plaintiff. Actually, it was excepted that, plaintiff who has knocked the door of court for justice should have been diligent in serving the writ of summons to all the defendants.
F. R. S. R. Following order is passed on N/M no.1165/2019-
O R D E R
1) The Notice of Motion No.1165/2019 is made absolute in term clause (a), subject to the cost of Rs.3,000/- to be paid jointly by defendant nos. 2 and 4 to plaintiff.
2) It is made clear that, on payment of cost amount by defendant no. 2 and 4 their written statement will be accepted and exhibited.
Case is adjourned 11/02/2020 to for compliance
Nature Of Disposal: ALLOWED
Disposal Date: 21-12-2019