Date: 04-11-2019
Business: Adv. Mr. Rafik for plaintiff present.
Adv. Ms. Zephyrina B. a/w adv. Mr. Prabhakar for defendant nos. 1 to 6 present, prayed for adjd. It is strongly objected by Adv. Mr. Rafik for plff. and prayed for cost of Rs. 5,000/-. He submits that neither original affidavit nor documents of deft are on record.
Registered NM no.3988/19 tendered by deft nos. 1 to 6.
On perusal of roznama, for three dates ld adv for deft nos. 1 to 6 was busy in another court and sought for adjd. The evidence of deft was closed on 24.06.2019. It is observed that suit is 25 years old and plff is 80 years old. Last chance was granted on 17.09.2019.
Considering above reason, adjd is granted subject to cost of Rs. 1,000/- be deposited to DLSA (Legal-Aid) on or before next date.
Next date 07.11.2019 is granted as prayed by adv. Mr. Prabhakar for deft nos. 1 to 6.
Matter is adjd. for NM reply on 07.11.2019.
Next Purpose: REPLY
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Adv. Mr. Rafik for plaintiff present.
Adv. Mr. K.C. Pandey for defendant present.
Cost to DSLA of Rs. 1,000/- is deposited by deft.
Heard argument of both side on NM.
Combine order all five NM is passed i.e. NM no.3988/19, NM no.3986/19, NM no.3987/19, NM no.3984/19 and NM no.3985/19.
Heard argument of both side on NM no.3988/19.
F.R.S.R. following order is passed on NM no.3988/19.
ORDER
1. The order dtd. 24.06.2019 is set aside subject to cost of Rs. 800/- in each suit (800 X 5// 4,000/-) be paid to the plaintiff.
2. Three months time is given to the deft. to trace out the documents.
3. Deft. to file fresh evidence affidavit of witness Haresh Shah and compilation of document.
4. Defendant is at liberty to examine additional witness, if any.
5. In default of appropriate steps to file affidavit of witness of defendant, evidence of defendant will be closed.
6. At the request of advocate Pandey for deft. issue instruction to the Registrar of the City Civil Court of search copy of affidavit of compilation produced by Haresh Shah, as claimed to have produced by him in High Court in 2009, if any. (Original Civil High Court Suit no. 3067/1993 i.e. City Civil Court Suit No. 9279/1993) within two months.
7. NM no. 3988/2019 in suit no.8842/1993 (H.C. Suit no. 1440/1993) is disposed of accordingly. (Uncontested)
Nature Of Disposal: DISMISSED
Disposal Date: 07-11-2019