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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Shakir E. ShahVsMr. Jamil Ahmed Hussain Qureshi +1 more

CNR MHCC0100527520183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED IN DEFAULT
Decision Date: 15th March 2023

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101513/2018
Registration Date
21 Jun 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 12-07-2018
    Business: None for plaintiff.
    Issue writ of summons upon defendants through bailiff.
    Matter adj. for Writ of Summons to 20.10.2018.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-10-2018
    
    Date: 20-10-2018
    Business: None for plaintiff.
    None for defendant.
    Since last two dates nobody appears.
    Kept back.  Later on at 12.05 pm. Adv. Tambe for plaintiff present. and seeks further time to take steps. If affidavit of service is not filed by next date the suit shall  dismissed.
    Matter adj. for Affidavit of Service to 06.02.2018.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Adv. Chatawale for plaintiff present and filed writ of summons.
    As per the Bailiff report  field by Ld. counsel for plaintiff, the defs. no.1 and 2 are served with the writ of summons.
    The defs. are absent despite service.
    Suit to proceed ex-parte  against defendants.
    Adjd. to 25.4.2019 for   ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: None for plaintiff.
    Adv. Upadhayay for D-1 present and filed VP on behalf of D-1.
    Matter adj. for Exparte Evidence to 24.07.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Ex-parte evidence to 13.09.19.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Court is busy in dictating order of NM no. 2846/18 in suit no. 3403/14. Hence, board is discharged.
    Matter stands Adj for Ex parte Evidence to 22.10.19.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Adv. Sureshchandra N. Chataule for plaintiff present.
    None present for defendant.
    Court is busy in dictated Judgment in suit no. 5926/07.
    Hence, Matter stands Adj for Ex-Parte evidence to 12.12.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Plaintiff present.
    Adv. Sureshchandra Chataule for plaintiff present and filed evidence affidavit and list of documents.
    Evidence affidavit. TOR.
    List of documents. TOR.
    None present for defendant.
    Matter stands Adj for Ex-Parte arguments to 21.01.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Plaintiff present in person.
    None present for defendant.
    Say not filed on documents.
    Matter stands Adj for Ex-parte evidence to 16.03.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Ex-parte Evidence to 19.06.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Exparte Evidence to 04.02.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: None present.
    The case is adjourned to 17.03.2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Advocate Chataule for plaintiff present.
    Heard on exhibition of documents.
    The affidavit in lieu of examination in chief at Exh.3 does not contain sufficient statements to admit the documents in evidence. Hence those are not exhibited.
    The case is adjourned to 20.04.2021 for Exparte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Adjourned due to COVID-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Matter called out at 12.04 p.m.
    None present
    Matter stands adjourned to 21.12.2021 for Exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: None present.
    Matter stands adjourned to 09.02.2022 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Matter called out at 11.26 a.m.
    None present.
    Matter stands adjourned to 11.07.2022 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: None present.
    Issue notice of appearance to the plaintiff through bailiff/RPAD.
    Matter stands adjourned to 13.09.2022 for appearance of plaintiff.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Bailiff report received. TOR. Exh.05.
    It shows that the notices are unserved upon plaintiff as the plaintiff left the premises.
    Today, none present for plaintiff. Hence, put up for dismissal.
    Matter stands adjourned to 13.12.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Adv. S. N. Chataule for plaintiff present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 15.03.2023 for dismissal/ex-parte
    evidence.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: None present.
    K.B.
    Later on at1.30 p.m.
    None present.
    Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.05, the plaintiff is not found at the given address. On inquiry, it is informed that plaintiff has left the premise since 3 years back and details of new address are not known. As per the provisions of Order VI Rule 14-A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14-A sub-rule(5) clause (a), the suit deserves to be dismissed in default for not submitting the changed registered address. In the result, I proceed to pass the following order.
    Suit is dismissed in default for non submission of changed registered address. Proceeding is hereby closed.
    Hence, Suit No.1513/2018 is disposed of accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105726/2018
    Filing Date: 19-04-2018
    First Hearing Date: 12th July 2018
    Decision Date: 15th March 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    15 Mar 2023
    Order Details: Other
    Pdf Text: 15.03.2023
    Sr. No. 9
    SU 1513/18
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
    None present.
    K.B.
    Later on at1.30 p.m.
    None present.
    Notice of appearance was issued by this court to the plaintiff on registered
    address mentioned in the plaint. However, as per report Exh.05, the
    plaintiff is not found at the given address. On inquiry, it is informed that
    plaintiff has left the premise since 3 years back and details of new address
    are not known. As per the provisions of Order VI Rule 14A(2) of CPC
    (Bombay High Court Amendment) every change of address is required to
    be intimated to the adverse parties, as well as to the court. However, the
    plaintiff failed to submit the new address to the court. Thus, in view of
    provisions of Order VI Rule 14A subrule(5) clause (a), the suit deserves
    to be dismissed in default for not submitting the changed registered
    address. In the result, I proceed to pass the following order.
    Suit is dismissed in default for non submission of changed registered
    address. Proceeding is hereby closed.
    Hence, Suit No.1513/2018 is disposed of accordingly.
    Judge
    -- 1 of 1 --
    Order 1
    15 Mar 2023
    Order Details: Other
    Pdf Text: 15.03.2023
    Sr. No. 9
    SU 1513/18
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
    None present.
    K.B.
    Later on at1.30 p.m.
    None present.
    Notice of appearance was issued by this court to the plaintiff on registered
    address mentioned in the plaint. However, as per report Exh.05, the
    plaintiff is not found at the given address. On inquiry, it is informed that
    plaintiff has left the premise since 3 years back and details of new address
    are not known. As per the provisions of Order VI Rule 14A(2) of CPC
    (Bombay High Court Amendment) every change of address is required to
    be intimated to the adverse parties, as well as to the court. However, the
    plaintiff failed to submit the new address to the court. Thus, in view of
    provisions of Order VI Rule 14A subrule(5) clause (a), the suit deserves
    to be dismissed in default for not submitting the changed registered
    address. In the result, I proceed to pass the following order.
    Suit is dismissed in default for non submission of changed registered
    address. Proceeding is hereby closed.
    Hence, Suit No.1513/2018 is disposed of accordingly.
    Judge
    -- 1 of 1 --

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