Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No. 4531 of 2019.
None for plff None for Defendant Adv for plff has argued on Notice of
Motion No. 4531/2019. Defendant has not filed reply. Adv for
defendant failed to argue despite of giving sufficient opportunity.
Perused Notice of Motion and supporting affidavit. Notice of Motion is
taken out by the plaintiff to set aside the order dated 26.08.2019.
Whereby Notice of Motion No. 3114/2018 filed by the plaintiff came to
be dismissed for want of hearing. It is contended that adv for plff was in
difficulty and plaintiff was not keeping well on 26.08.2019. The
statements made by the plaintiff on Oath are not disputed by defendant
by filing reply affidavit. In these circumstances, for deciding Notice of
Motion No. 3114/2018 on merit, The present Notice of Motion can be
allowed. However, cost needs to be imposed for the delay caused by the
plaintiff. Therefore, following order is passed in Notice Motion No.
4531/2019. Order 1. Notice of Motion No. 4531/2019 is made absolute
in terms of clause (a) subject to payment of cost of Rs. 1000/- to DLSA.
2. Plaintiff shall comply the order of cost on or before next date. 3. After
compliance of the cost Notice of Motion No. 3114/2018 be restored. 4.
Notice of Motion No. 4531/2019 is disposed off accordingly. Matter is
adjd on 16.11.2022 for Compliance
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