Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101978/2018
Lalit Timothy Dsouza Vs 1.Fatima Pipewala-Bookwala 2.Boran Bookwala
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
6.6.2018. NM No.1978/2018 ORDER IN NM
NO.1978/2018 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. The
litigant cannot be punished for mistake of his advocate and
opportunity can be given to the plaintiff to remove the
objections. Hence, application deserves to be allowed.
Additional court fees as per paragraph no.29 of the plaint
Hence following order. ORDER 1. Notice of motion
no.1978/2018 is allowed subject to payment of cost of
Rs.5000/- to the City Civil Court Bar Association within
two weeks from today. 2. If the cost is paid, the suit shall
stand restored. 3. The objections including deficit court fees
be removed within three weeks from today, failing which he
suit shall be dismissed. It is made clear that under no
circumstances extension of time is granted.
Nature of Disposal : ALLOWED
Disposal Date : 06-07-2018
COURT 3 ADDL. SESSIONS JUDGE
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