Date: 06-07-2018
Business: Adv. Mustafa Kachwala for plaintiff present.
Ld. Counsel for plaintiff has filed the paper publications with pursis showing that the defendants are served as per order dated 18.4.2018
ORDER IN NM NO.1977/2018
Heard. This is notice of motion for restoration of the suit which was dismissed during the stage of removal of objection.
The defendants are served by paper publication but they have not entered appearance. There is substantial delay in filing this notice of motion but delay has been explained in the affidavit filed in support of notice of motion. The litigant cannot be punished for mistake of his advocate and opportunity can be given to the plaintiff to remove the objections. Hence, notice of motion deserves to be allowed. However, the plaintiff is liable to pay cost for the inordinate delay. Hence following order -
ORDER
1. Notice of motion no.1977/2018 is allowed subject to payment of
cost of Rs.5000/- to the City Civil Court Bar Association and on the
condition that all objections be removed within three weeks from
today.
2. If the cost is not paid in two weeks, the notice of motion shall
stand dismissed.
3. If the objections including deficit court fees are not removed
within three weeks from today, the suit shall be dismissed.
It is made clear that under no circumstances extension of time shall be granted.
Nature Of Disposal: ALLOWED
Disposal Date: 06-07-2018