Date: 19-11-2019
Business: Adv. Sambodhi Mane H/F Tiwari for plaintiff present.
Adv. Ditendra Mishra for defendant no 1 and 2 present.
She filed registered NM no 4147/19 and two Ch/s no 2003/19 and 2006/19 t.o.r.
Copy be served upon other side.
Plaintiff is directed to clarify about one unregistered NM
Adjourned for service to 4.12.2019.
Next Purpose: SERVICE
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. N. R. Tiwari for plaintiff present.
Adv. Ditendra Mishra for defendant no 1 and 2 present.
He submitted that incomplete copy of the 2 Notice of motions and 2 Ch/s have been supplied to the defendants.
Plaintiff is directed to supply complete copy of above referred proceedings to the defendants.
Plaintiff is also directed to file registered NM on record. They are also directed to remove office objection by next date without fail in default necessary order will be pass.
Adjourned for reply to 8.01.2020.
Next Purpose: REPLY
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Sheetal Gavade for plaintiff present.
Adv. Ditendra Mishra for defendant no 1 and 2 present.
Defendant file reply to Chamber summons 2003/19 and 2006/19 t.o.r.
He also filed reply to NM 4147/19 and CS 2001/19 t.o.r.
Copy of both reply supplied to plaintiff.
Adjourned for rejoinder and hearing to 31.01.2020
Next Purpose: REJOINDER
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Plaintiff and his advocate absent.
Adv. Mishra for defendant present and tendered draft notice of motion T.O.R.
O - leave is granted to register it.
Copy be served upon other side.
Adjourned for NM service to 25.02.2020
Next Purpose: SERVICE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv Sneha Mishra for plff present.
Adv Ditendra Mishra for deft present.
He tendered original NM 632/2020. t.o.r. Copy served to Adv for plff.
Adv for plff seeks time to file reply on NM 632/2020. Granted.
Matter stands Adj for NM reply to 06/03/2020.
Next Purpose: REPLY
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv Sneha Mishra for plff present.
Adv Ditendra Mishra for deft present.
Adv for plff seeks time to file NM reply. Granted.
Matter stands Adj for NM reply and hearing to 18/03/2020.
Next Purpose: REPLY
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv Mishra for plff present.
Matter stands Adj for NM hearing to 18/04/2020.
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: REPLY
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-12-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-12-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-12-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-12-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-12-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-12-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None present.
Matter stands Adj for Reply to 15/02/2021.
Next Purpose: REPLY
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Patel for plff present.
Adv Ditendra Mishra for deft present.
Adv for plff seeks time to file reply. Granted.
Matter stands Adj for Reply to NM and CS to 22/03/2021.
Next Purpose: REPLY
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv Patel for plff present.
Adv Dhirendra Mishra for deft present.
With consent of both parties, matter stands Adj for NM Reply to 23/04/2021.
Next Purpose: REPLY
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: REPLY
Next Hearing Date: 04-08-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: REPLY
Next Hearing Date: 04-08-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: REPLY
Next Hearing Date: 04-08-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: REPLY
Next Hearing Date: 04-08-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: REPLY
Next Hearing Date: 04-08-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: REPLY
Next Hearing Date: 04-08-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: REPLY
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPLY
Next Hearing Date: 18-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPLY
Next Hearing Date: 18-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPLY
Next Hearing Date: 18-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPLY
Next Hearing Date: 18-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPLY
Next Hearing Date: 18-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPLY
Next Hearing Date: 18-08-2021
Date: 04-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: REPLY
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv. S.H. Patel for plaintiffs present.
Exh.3 - Vakalatnama on behalf of plaintiffs is filed by Adv. S.H. Patel. T.O.R.
Defendants and their advocate absent.
The matter is adjd for reply/hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 03.09.2021.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 18-08-2021
Business: Adv. S.H. Patel for plaintiffs present.
Exh.3 - Vakalatnama on behalf of plaintiffs is filed by Adv. S.H. Patel. T.O.R.
Defendants and their advocate absent.
The matter is adjd for reply/hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 03.09.2021.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 18-08-2021
Business: Adv. S.H. Patel for plaintiffs present.
Exh.3 - Vakalatnama on behalf of plaintiffs is filed by Adv. S.H. Patel. T.O.R.
Defendants and their advocate absent.
The matter is adjd for reply/hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 03.09.2021.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 18-08-2021
Business: Adv. S.H. Patel for plaintiffs present.
Exh.3 - Vakalatnama on behalf of plaintiffs is filed by Adv. S.H. Patel. T.O.R.
Defendants and their advocate absent.
The matter is adjd for reply/hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 03.09.2021.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 18-08-2021
Business: Adv. S.H. Patel for plaintiffs present.
Exh.3 - Vakalatnama on behalf of plaintiffs is filed by Adv. S.H. Patel. T.O.R.
Defendants and their advocate absent.
The matter is adjd for reply/hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 03.09.2021.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 18-08-2021
Business: Adv. S.H. Patel for plaintiffs present.
Exh.3 - Vakalatnama on behalf of plaintiffs is filed by Adv. S.H. Patel. T.O.R.
Defendants and their advocate absent.
The matter is adjd for reply/hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 03.09.2021.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 18-08-2021
Business: Adv. S.H. Patel for plaintiffs present.
Exh.3 - Vakalatnama on behalf of plaintiffs is filed by Adv. S.H. Patel. T.O.R.
Defendants and their advocate absent.
The matter is adjd for reply/hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 03.09.2021.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Akbar Ali for plaintiff present.
None for deft.
The matter is adjd for hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 17.09.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None for plaintiff.
Adv. Ditendra Mishra for deft. present.
The matter is adjd for hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 29.09.2021.
L.O. at 03.10 pm.
Adv. Mirza h/f. Adv. Patel for plaintiff present.
The matter is already adjd for hearing on N/M no.489/19, N/M no.4147/19, N/M No.632/20, Ch/sum no.2001/19, Ch/sum no.2003/19 and Ch/sum no.2006/19 to 29.09.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. S.H. Patel for plaintiff present.
Adv. Ditendra Mishra for deft. present.
Heard arguments of both sides on Ch/sum no.2003/19 and 2006/19.
Heard arguments of both sides on N/M no.4147/19.
The matter is adjd for order on Ch/sum no.2003/19, 2006/19 and N/M no.4147/19 to 05.10.2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for defts. present.
COMMON ORDER BELOW CH/SUM NO.2003/2019, CH/SUM NO.2006/19 AND N/M NO.4147/19
Heard both sides. On 26.08.2019, this Court passed an order to dismiss in default draft N/M for want to prosecution. This Court further directed to proceed N/M no.489/19 without plaintiffs\'' reply.
2. Ch/sum no.2006/19 is taken out by plaintiff praying to condone the delay of 25 days in taking out N/M for setting aside order passed on draft N/M.
3. Ch/sum no.2003/19 is taken out by plaintiff for setting aside order dated 26.08.2019 regarding N/M no.489/19 to proceed without plaintiffs\'' reply.
4. N/M No.4147/19 is taken out by plaintiff to set aside the order dated 26.08.2019 dismissing the draft N/M.
5. Above Ch/summons and N/M are resisted by defendants by filing their affidavits in reply.
6. Plaintiffs submit that they have filed draft N/M praying for an order of injunction restraining defendants from dispossessing plaintiffs from the suit premises without following due process of law. During pendency of the suit, plaintiffs\'' advocate was suffering from renal disease and undergone renal transplant twice. Plaintiffs came to know about order dated 26.08.2019 on 25.09.2019 and therefore, there is delay of 25 days in taking out Ch/sum for setting aside an order dated 26.08.2019 and for restoration of draft N/M.
7. Defendants submit that plaintiffs are not participating in the proceedings deliberately and intentionally. Plaintiffs have to explain delay of each and every day in taking out the Ch/sum. But, plaintiffs have failed to give sufficient cause for condonation of delay of 25 days in taking out the Ch/sum.
8. Considered the submissions advanced on behalf of both sides. On 26.08.2019, this Court has passed an order to dismiss in default draft N/M taken out by plaintiff for want of prosecution. This Court has further directed to proceed N/M No.489/19 without plaintiffs\'' reply.
9. By virtue of draft N/M, plaintiffs were seeking temporary injunction restraining defendants from dispossessing them from the suit premises without following due process of law. Considering the nature of the relief claimed by the plaintiffs, it would be expedient to set aside the order directing dismissal of draft N/M for want to prosecution.
10. Plaintiffs submit that owing to illness of their advocate, they could not file the applications for setting aside the order dated 26.08.2019 within stipulated period. Plaintiffs have given sufficient cause for delay in filing the Ch/sum to set aside the order dated 26.08.2019. Defendants have taken out N/M no.489/19 praying to reject plaint as per Order 7 Rule 11 of C.P.C. Said N/M would decide the tenability of the suit and therefore, considering the principles of natural justice, it would be just and proper to allow plaintiffs to contest said N/M no.489/19 on merits. In the result, following order.
ORDER
1. Delay for taking out N/M for setting aside order dated 26.08.2019 regarding dismissal of draft N/M is condoned.
2. The order dated 26.08.2019 regarding dismissal of draft N/M for want of prosecution is set aside and the draft N/M which is later on registered as N/M No.3240/19 is restored.
3. The order dated 26.08.2019 directing to proceed N/M No.489/19 without plaintiffs\'' reply is set aside.
4. Plaintiffs to file reply to N/M No.489/19 on or before next date without fail.
5. No order as to costs.
6. Ch/sum No.2003/2019, Ch/sum No.2006/19 and N/M No.4147/19 are disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 05-10-2021