Final Order 1

Order Details: Chamber summons
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28.09.2022
Su 4606/10
CS 619/19
CORAM : DR. SHRI. S. D. TAWSHIKAR (C.R. No.61)
None for Plaintiff.
None for Defendant.
On perusal of record it transpires that the matter is pending at the
stage of hearing i.e. plaintiff's evidence since 15.03.2017.
Meanwhile, plaintiff had filed chamber summons no.619 of 2019.
The said chamber summons still seems to be pending. However,
the original chamber summons is not on record. It appears that
plaintiff has not tendered the original chamber summons which
was taken out by him for registration on 14.03.2019.
It is further surprising to note that by applicationExhibit13,
plaintiff sought extension of time for carrying out the amendment.
Plaintiff thereafter remained absent consistently till 10.06.2022.
Therefore, this Court by order dated 10.06.2022 allowed the
applicationExhibit13, and thereby extended the time to carry out
amendment. In spite of the said order plaintiff did not turn up to
this Court. And as such no amendment was carried out.
Now today on minute inspection of the record it reveals that even
the chamber summons no.619 of 2019 is still pending for hearing.
But the original chamber summons or its copy is not on record.
Thus, it appears that without there being any order on chamber
summons no.619 of 2019, plaintiff had filed applicationExhibit013
for extension of time to carry out the amendment, which was not at
all allowed by this Court. Thus, it transpires that the plaintiff has
lost interest in the matter. Even though the matter was at the stage
of hearing, plaintiff failed to appear before this Court and proceed
with the matter. Therefore, I find no reason to adjourn the
matter. Hence, suit stands dismissed in default. The chamber
summons No.619 of 2019 does not survive and as such also
stands disposed of.
Judge
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