Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion NO. 2078 of 2019
Matter called out at 2.58 pm Adv Radha Bhandari for plff DH present
None for Defendant JD The record shows that since 2018, defendants or
their advocate are not attending the matter. Defendant have not filed
reply to Notice of Motion 2078/2019 taken out by plaintiff DH. Heard
adv for plaintiff DH on NM 2078/19. Perused Notice of Motion and
supporting affidavit. Notice of Motion is taken out to set aside and
recall order dated 04.01.2018. Vide the said order the request of the
plaintiff for time to time reply to NM 1161/17 is rejected and the said
Notice of Motion is proceeded without reply. The said Notice of Motion
is filed by the defendant to set aside exparte decree. Therefore,
opportunity deserves to be given to the plaintiff to contest the Notice of
Motion by filing reply. The plaintiff has already tendered affidavit in
reply a/w this Notice of Motion and the same can be t.o.r and the
Notice of Motion No. 1161/17 can be decided on merit. As defendants
have not contested Notice of Motion 2078/2019 by filing reply, for just
decision of Notice of Motion 1161/17, Notice of Motion No. 2078/19 is
made absolute in terms of prayer clause (a) and (b) and is accordingly
disposed off. Affidavit in reply tendered by the plaintiff dated
11.06.2019 is t.o.r Parties to argue on Notice of Motion 1161/2017.
Matter is adjd on 17.09.2022 for NM Argument
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