Final Order 1

Order Details: Notice of Motion
Pdf Text: 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&amp#039s 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
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