Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104775/2019
Canara Bank Suit St. No. 8309/2018 Vs 1. Anand Tours and Travels 2. Prataprao
Anandrao Patil
Date : 18022022
Business Order passed on 16.12.2019 Adv.Mugdha Sawant
for plaintiff present. By this notice of motion
No.4775/19 the plaintiff is seeking for restoration of
suit which was dismissed on stamp number for non
removal of office objection. By filing of affidavit in
support of NM the plaintiff has contended that due
to oversight of the advocate of plaintiff the objection
could not be removed and therefore the suit came to
be dismissed. It is further contented that the mistake
is not intentional and it is prayed that the suit be
restored to be filed. My predecessor already relaxed
the plaintiff from service of NM to other side since it
was dismissed at the lodging stage. Ld.Advocate for
plaintiff submitted that the plaintiff is ready to
comply office objection. It is settled position that
substantial justice cannot be denied for technical
reason. The plaintiff cannot be non suited at this
stage and the matter should be decided on merit.
The case is made out for restoration. In view of this
the following order is passed. ORDER 1.Notice of
Motion No.4775/19 is allowed. Suit Stamp
No.8309/18 is restored to the file. 2. Plaintiff to
remove office objection within 4 weeks. 3.
Accordingly, Notice of Motion No.4775/19 is
disposed off. Order on 18.02.2022 Adv.Saraswati
Rajpurohit i/b.Adv.Rajkumar Shukla for plaintiff
present. None present for defendant. The report of
service of summons by pasting is received through
post. It is taken on record and marked as Exh.9.
ORDER BELOW EXH.1 Read the service affidavit
Exh.5 and Exh.7. Read the bailiff report Exh.9. The
summons attempted to be served by post was
returned with remark 'incorrect'. Thereafter the
summons is served by pasting and paper
publication. The defendant is absent. Hence, Suit to
proceed exparte against defendant. Record shows
that notice of motion No.4775/2019 has been
disposed of vide order dated 16.12.2019. Hence, it
be disposed of from CIS.
-- 1 of 1 --