Date: 14-06-2018
Business: Adv. M. S. Singh for Plaintiff present.
He tendered original NM 1538/18.
None for defendant
Adjd. To 17.09.2018 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2018
Date: 17-09-2018
Business: Adv. Singh for the Plaintiff present.
None for the defendant
Order below Notice of Motion no. 1538/18
Perused notice of motion which is supported by an affidavit.
None appeared for the defendant.
The defendant failed to file the reply to the notice of motion.
Hence, the order dated 28/3/2018 needs to be continue till the disposal of the suit. Accordingly , the Notice of Motion no. 1538/18 is allowed and made absolute in terms of prayer clause (a).
It is disposed of . It be removed from the board.
Adjd. To 18/02/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Deft failed to file written statement.
Therefore, suit is to proceed without written statement against Defendant.
Adj for R/E to 05.04.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Adv. Pawan Tiwari for Plaintiff present.
Deft and Adv absent.
Plff sought adjournment. Granted.
Adj for R/E to 27.06.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Plff and Adv absent.
Ex.3 Adv. Pranali Raut filed V/n for Defendant t.o.r.
Draft NM filed by Adv for Defendant t.o.r.
Leave is granted to register it.
Copy be given to other side.
Adj for service to 26.07.2019.
Next Purpose: SERVICE
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: Adv. Piyush Singh for Plaintiff present.
Adv. Pranali Raut for defendant present.
She tendered original NM no.2443/19 t.o.r.
Adv for Plaintiff sought time to file reply.
Time is granted.
Adj for NM reply to 19.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adv. Singh for Plaintiff present.
Adv. Pranali Raut for defendant present.
K.B.
L.O.
Adv. Singh for Plaintiff present.
Adv. Pranali Raut for defendant present.
NM No.2443/19 is not pressed by the defendant with liberty to file fresh NM.
NM No.2443/19 is filed with liberty to defendant to take out fresh NM.
Accordingly, NM No.2443/19 is disposed off.
Adj for directions to 19.09.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Plaintiff and his Adv. absent.
Adv. Pranali Rane for defendant present.
She tendered draft NM. Leave granted to register it. Copy be given to other side.
KB
LO
Plaintiff and his Adv. absent.
Adv. Pranali Rane for defendant present.
Matter is adj. to 18.10.2019 for service of NM and reply.
Next Purpose: REPLY
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: None present for plaintiff.
Adv. Pranali Raut for defendant present
She tendered registered NM 3647/19 t.o.r.
Adjd. For NM reply and service to 25.11.2019
Next Purpose: REPLY
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Pranali Raut for defendant present.
Adv. M. S. Singh for plaintiff present.
Say filed by plaintiff to NM No.3647 of 2019
Heard both sides.
ORDER PASSED BELOW NOTICE OF MOTOIN NO.3647 of 2019
Perused notice of motion, affidavit in support of it, say of plaintiff and roznamas of present suit. Heard respective counsel for parties.
Notice of motion is taken out by defendant for condoning delay caused in taking out notice of motion, to set aside order dated 18.02.2019 passed by this Court and to take the written statement on record.
It is the contention of defendant that suit proceeded without written statement against her as per order dated 18.02.2019. She assigned reason that due to death of her father she was constrained to stay at her native place for considerable period of time. Consequently, she was unable to remain present before this court. She also assigned reason that as parties are known to each other so they tried to settle the matter amicably but it could not be settled therefore she has no option but to contest the present suit. She further gave reason that she being woman and lack of legal knowledge failed to appear before the court and file written statement. She has taken out notice of motion No.2443 of 2019 for condoning delay caused in filing of written statement. But at the time of hearing court has pointed out some technical error in relation to prayer therefore she has withdrawn said notice of motion with liberty to take out fresh notice of motion. Accordingly, she has taken out present notice of motion making prayers in above terms.
Plaintiff strongly objected to the notice of motion by filing his say.
It is pertinent to note that order to proceed without written statement against defendant was passed on 18.02.2019. She has not taken out present notice of motion within prescribed period of limitation from the date of said order. Even earlier notice of motion taken out by her was not within limitation. But, now she has made prayer for condoning delay cased in taking out present notice of motion. She has assigned reason in relation to delay caused for taking out notice of motion and for filing her written statement in the matter. In the facts of matter, in the interest of justice and equity, it is unjust to deprive defendant from contesting the matter on merits on technical counts. Therefore, considering the reasons assigned by defendant, in the interest of justice I am inclined to allow notice of motion by imposing certain costs upon her. Hence, pass following order
ORDER
1. Notice of Motion No.3647 of 2019 is allowed and made absolute in terms of prayer clauses (a) to (c) subject to payment of costs of Rs.3000/- (Rupees Three Thousand only) to plaintiff within period of two weeks from the date of this order.
Defendant is at liberty to deposit costs payable to plaintiff in the court.
2. On payment of costs, written statement of defendant be taken on record and marked exhibit.
3. Accordingly, notice of motion is disposed off.
Adjourned for direction to 19.12.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: None present for plaintiff.
Adv. Pranali Raut for defendant present.
She submitted that costs has been paid to advocate for plaintiff
in terms of order dated 25.11.2019.
Copy of receipt in that respect is filed. t.o.r.
Exh 4 She also filed Written statement of defendant t.o.r.
She made statement that copy is already served upon plaintiff.
Adjourned for issues to 1.02.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Plff and his Adv absent.
Adv Pranali Raut for deft present.
Plff and deft are directed to file draft issues.
Matter stands Adj for draft issues to 17/03/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present.
Matter stands Adj for to 05.05.2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Adv M. S. Singh for plff present.
Matter stands Adj for Draft Issues to 22/02/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv M. S. Singh for plff present.
Deft and his Adv absent.
Matter stands Adj for Draft Issues to 16/04/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: As Holiday declared as per officer order 79/2021. Due to covid matter adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: Due to Covid -19 Matter Adjd.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv M. S. Singh for plff present.
He seeks time to file draft issues. Granted.
None for deft.
Matter stands Adj for Draft Issues to 12/11/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Both parties and their advocates are absent.
They are directed to file draft issues on next date.
Matter stands Adj for draft issues to 29.01.2022.
Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv M. S. Singh for plff present.
None for deft.
Matter stands Adj for Draft Issues to 13/07/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv. Singh for plff present. He seeks time to file draft issue. granted. None for deft. Adjd for draft issue on 27.9.22.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: (NOB TOB for placing the matter before National Lok-Adalat will be held on 13/08/2022.)
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the Matter. Both parties are directed to remain present before National Lok-Adalat to be held on 13/08/2022 at 10.00 a.m.
Issue notice to both parties to remain present before Naional-Lok-Adalat.
Matter is adj. to 13/08/2022 for National Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Matter pertains to C.R.No.2.
None present.
Matter adjd to 02.11.2022.
Next Purpose: FOR___________________
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for framing issue to 20/01/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: PO is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: None for plaintiff present.
Adv. Pranali Raut for defendant present.
Issues Framed Exh 5.
Matter adjourned for R/E to 21/07/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Advocate Mr. Vimal Tiwari h.f. Adv. M.S. Singh for plaintiff present and seeks time to file evidence. O- Granted.
Defendant and advocate absent.
Matter adjourned for R/E on 16.09.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Both parties and advocate absent.
KB
LO at 12.00 P.M.
Both parties and advocate absent.
Matter adjourned for R.E. on 03.11.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Advocate Vimal Tiwari for plaintiff present.
Advocate Yash Naik h/f Rahul Singh for defendant present.
Plaintiff advocate seek time.
Matter adjourned for R/E on 14.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Plaintiff and advocate absent.
Advocate Mr. Yash Naik h.f. Advocate Pranali Raut for defendant present.
Matter adjourned for Recording Evidence on 08.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: PO is on leave, hence matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: Both parties and advocate absent.
The record shows that matter is pending for the evidence since 01.07.2023. It shows that the plaintiff is not interested to conduct this matter. However, for the ends of justice one more chance is given to be plaintiff. The plaintiff is hereby specifically directed to lead his evidence otherwise matter will be dismissed for want of prosecution.
Matter is adjourned for Dismissal on 17.08.2024.
Later on at 12.10 P.M.
Advocate Vimal Tiwari h.f. Advocate M.S.Singh for plaintiff present.
Matter is adjourned for Dismissal on 17.08.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: PO is on Leave
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: PO is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Advocate for defendant present and submitted that there is a possibility of settlement in this matter.
Plaintiff and advocate absent.
Kept back
Later on at 11.55 A.M.
Advocate Mr. M.S. Singh for plaintiff present.
Matter is referred to National Lok-Adalat as there is a possibility of settlement in this matter. Both parties are directed to remain present before National Lok-Adalat on 14.12.2024 at 10.30 a.m.
Matter is adjourned for National Lok-Adalat on 14.12.2024.
Matter is adjourned for Settlement on 30.01.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-12-2024
Date: 14-12-2024
Business: NATIONAL LOK-ADALAT HELD ON 14.12.2024 (Panel No.6)
Matter pertains to C.R.No.2.
Advocate Mr. Hemant Tiwari for Plaintiff present.
None for Defendant.
Matter is adjourned to 24.12.2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: PO is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-01-2025
Date: 18-01-2025
Business: Advocate Mr. M.S. Singh for plaintiff present and seeks time to take the instructions from the plaintiff. O- Granted.
Defendant and advocate absent.
Matter is adjourned for taking steps on 24.02.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: Advocate Mr. M.S. Singh for plaintiff present.
Defendant and advocate absent.
Matter is adjourned for taking steps on 07.05.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-05-2025
Date: 07-05-2025
Business: Advocate Vimal Tiwari h.f. M.S. Singh for plaintiff present.
Defendant and advocate absent.
The record shows that matter is pending for the evidence since last number of dates. However plaintiff has failed to lead his evidence. It shows that the plaintiff is not interested to conduct this matter. However, for the ends of justice one more chance is given to be plaintiff. The plaintiff is hereby specifically directed to lead his evidence otherwise matter will be dismissed for default.
Matter is adjourned for Dismissal on 23.09.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 23-09-2025
Date: 23-09-2025
Business: Plaintiff is absent.
Advocate Mr. M.S. Singh for plaintiff is present.
None present for defendant.
Kept back.
Later on at 12.45 P.M.
Plaintiff is absent.
Evidence affidavit not filed.
Order below Exhibit-1 It appears that the suit was fixed for tendering evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record seeking adjournment. This conduct of the plaintiff shows that now he has lost his interest in the suit. Therefore there is no reason to postpone instant matter on next date for the same purpose. It is only due to absence of the plaintiff the suit could not proceed ahead and therefore considering the age of the lis, this Court is constrained to pass dismissal order. Ergo the Order. ORDER 01.Suit is dismissed for want of prosecution vide Order XVII Rule 3 r/w Order IX Rule 8 of the Code of Civil Procedure 1908. 02.The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly. 03.The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. 04.The proceeding is closed accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 23-09-2025