Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101979/2018
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
18.4.2018 ORDER IN NM NO.1979/2018 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.1979/2018 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
COURT 3 ADDL. SESSIONS JUDGE
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