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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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection 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

    1
    Final Order 1
    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
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