Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt:22/03/21
Su :7477/02
NM 4247/19
Exh.11
CORAM : H.H.J. SHRI. R.M. SADRANI (C.R.NO.07)
Adv Pankaj Thatte for the plaintiff present. He filed pursis
that CA of the plaintiff namely Ram N. Sadhawani expired
on 24.05.2020, who had adduced his evidence as PW1.
He annexed the photocopy of death certificate. Pursis
taken on record, marked as Exh.11.
None present for the defendant.
Order passed in N/M no. 4247/19
Perused the N/M and reply. The present NM moved by the
defendant to recall the order dtd 8.10.2018 by which to
NM no. 2541/18 was dismissed for default and permit the
defendant to tender that registered NM. As per the
affidavit in support of present NM that the NM no.
2541/18 was moved with the prayer that the defendant be
permitted to cross examine of PW1 by setting aside no
cross order. Roznama dtd 5.07.2017 reflects that no cross
order was passed against the defendant. In view of the
pursis filed today below exh.11 that PW1 is expired,
therefore, if NM allowed, no purpose will be served as the
witness PW1 expired. Therefore, present NM needs to be
disposed of as infructuous. Hence the following order.
ORDER
Notice of Motion no. 4247/19 is hereby disposed of as
infructuous.
Matter adjd for further evidence of the plaintiff on
20.04.2021.
Judge.
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