SUMMARY CIVIL SUIT - SUMMARY SUIT
Smt. Laxmi Rajesh GuptaVsShri. Dayashankar Dhanai Pal
CNR MHCC01008147201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 05th August 2023
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 100842/2019
- Registration Date
- 22 Aug 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2
Case History / Proceedings
Case History
Date: 16-10-2019 Business: Adv. Upadhyay for plaintiff present. Adjd. for service to 12.12.2019. Next Purpose: SERVICE Next Hearing Date: 12-12-2019 Date: 12-12-2019 Business: P.O. is on Training Next Purpose: SERVICE Next Hearing Date: 14-01-2020 Date: 14-01-2020 Business: Plaintiff absent. defendant absent. Adv. Rajanish Upadhyay for plff present. Adv. For defendant absent. Matter is adjd to 29.01.2020 for Service Next Purpose: SERVICE Next Hearing Date: 29-01-2020 Date: 29-01-2020 Business: Plaintiff absent. Defendant absent. Adv. Dileep Satale for plff. Present. Adv. Rajesh Upadhya for deft. Present. Matter is adjd to 16.03.2020 for Service Next Purpose: SERVICE Next Hearing Date: 16-03-2020 Date: 16-03-2020 Business: Plaintiff absent. Defendant absent. Adv. Rajnish Upadhyay for plff. Present. Adv. For deft. Absent. Matter is adjd to 02.07.2020 for Service. Next Purpose: SERVICE Next Hearing Date: 02-07-2020 Date: 02-07-2020 Business: Due to Covid-19 Lockdown Next Purpose: SERVICE Next Hearing Date: 22-09-2020 Date: 22-09-2020 Business: Due to Covid-19 Lockdown Next Purpose: SERVICE Next Hearing Date: 11-12-2020 Date: 11-12-2020 Business: Both the parties and his advocate are absent. Matter is adjd to 03.03.2021 for Service. Next Purpose: SERVICE Next Hearing Date: 03-03-2021 Date: 03-03-2021 Business: Both the parties and their advocates are absent. Matter is adjd to 06.05.2021 for service. Next Purpose: SERVICE Next Hearing Date: 06-05-2021 Date: 06-05-2021 Business: Due to Covid-19 pandemic. Matter is adjd to 11/08/2021 for Service Next Purpose: SERVICE Next Hearing Date: 11-08-2021 Date: 11-08-2021 Business: Both the parties and their advocate are absent. Matter is adjd to 16.10.2021 for service. Next Purpose: SERVICE Next Hearing Date: 16-10-2021 Date: 16-10-2021 Business: As per circular declared holiday Next Purpose: SERVICE Next Hearing Date: 18-12-2021 Date: 18-12-2021 Business: Adv Rajnish Upadhay for plaintiff present. None for defendant. Matter is adjd to 18.01.2022 for service. Next Purpose: SERVICE Next Hearing Date: 18-01-2022 Date: 18-01-2022 Business: Plaintiff and defendant absent. Adv. Upadhyay for plaintiff is present. Matter is adjd for service to 22.02.2022. Next Purpose: SERVICE Next Hearing Date: 22-02-2022 Date: 22-02-2022 Business: HHJ is on leave. Next Purpose: SERVICE Next Hearing Date: 13-06-2022 Date: 13-06-2022 Business: None for Plaintiff. None for Defendant. Though present suit is of the year 2019, till date no Affidavit of Service of Writ of Summons is tendered. Nor the proper steps are taken by the Plaintiff to proceed in the matter. It appears that Plaintiff is not interested to proceed in the matter. Hence, as a last chance, matter adjourned to 18/07/2022 for Dismissal. Next Purpose: DISMISSAL Next Hearing Date: 18-07-2022 Date: 18-07-2022 Business: Adv. Mr. Priyanksh Shukla for Plaintiff present. Plaint – Exhibit-1 Vakalatnama – Exhibit-2 Memorandum of Address – Exhibit-3 List of Documents – Exhibit-4 Adv. For Plaintiff filed Affidavit of Service. Today matter was kept for dismissal for want of steps, however today Plaintiff filed Affidavit of Service at exhibit-5 and from affidavit it reveals that the Defendant is served through Bailiff on 03/10/2019. However, till date Defendant has not caused appearance. Therefore, suit to proceed ex-parte. Matter adjourned to 27/09/2022 for Ex-parte Evidence Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 27-09-2022 Date: 27-09-2022 Business: Adv. for Plaintiff present. Advocate for plaintiff seeks time for evidence. Matter adjourned to 06.12.2022 for ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 06-12-2022 Date: 06-12-2022 Business: Adv.Rajnish Upadhyay h/f Adv.R.D.Mishra for plaintiff present. He seeks time to file ex-parte evidence. Matter is adj to 21/01/2023 for ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 21-01-2023 Date: 21-01-2023 Business: Adv.Rajnish Upadhayay h/f Adv.R.D.Mishra for plaintiff present. He seeks time to file ex-parte evidence. Time granted as last chance. Matter is adj to 10/04/2023 for ex-parte evidence Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 10-04-2023 Date: 10-04-2023 Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61) None for plaintiff. No ex-parte evidence is filed. Last chance was granted on last date i.e. 21/01/2023. Hence, matter is adj to 17/06/2023 for dismissal order Next Purpose: DISMISSAL Next Hearing Date: 17-06-2023 Date: 17-06-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Plaintiff and his advocate absent. Matter is adj to 15.07.2023 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 15-07-2023 Date: 15-07-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE -(C.R.NO.61) The plaintiff and his advocate are absent. Matter is adj to 05-08-2023 for dismissal. Next Purpose: DISMISSAL Next Hearing Date: 05-08-2023 Date: 05-08-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and his advocate are absent. Order below Exh-1 Because of failure of the plaintiff to lead evidence, mater was adjourned to 17.06.2023 for dismissal order and thereafter, it was again adjourned to 15.07.2023 and then to 05.08.2023 i.e. today. On these dates, the neither plaintiff nor her advocate attended the court. As the plaintiff is absent and failed to lead evidence and or failed to attend the court for the purpose of hearing, the suit is hereby dismissed in default. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 05-08-2023
Additional Case Details
Additional Case Details
Filing Number: 108568/2019 Filing Date: 01-08-2019 First Hearing Date: 16th October 2019 Decision Date: 05th August 2023 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 105 Aug 2023
05 Aug 2023
Order Details: Other Pdf Text: 15 05/08/2023 SUM 842/19 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and his advocate are absent. Order below Exh-1 Because of failure of the plaintiff to lead evidence, mater was adjourned to 17.06.2023 for dismissal order and thereafter, it was again adjourned to 15.07.2023 and then to 05.08.2023 i.e. today. On these dates, the neither plaintiff nor her advocate attended the court. As the plaintiff is absent and failed to lead evidence and or failed to attend the court for the purpose of hearing, the suit is hereby dismissed in default. Judge -- 1 of 1 --
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