Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 13 ASSISTANT SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104850/2019
Mr. Sayalu Hanmanlu Shahapurkar Vs Mrs. Darshana Suresh Lad
Date : 09-03-2021
Business : Adv. B.S. Patil for plaintiff present. None for defendant. Ld
Adv for plaintiff tendered original registered NM no. 4850
of 2019 along with affidavit t.o.r. ld adv for plaintiff not
pressed the NM no. 4850 of 2019. Order passed in Notice of
Motion No. 4850 of 2019- The NM is not pressed by the adv
of plaintiff today. Hence, it is disposed of as dismissed for
want of prosecution. Ex.02 Affidavit of service already on
record. O-Seen. Perused affidavit of service. Bailiff report is
filed with the affidavit of service. It is mentioned therein
that on 25-11-2019 defendant accepted writ of summons and
signed as an acknowledgement of service of writ of
summons. Perused Order 37 Rule 3 Sub Rule 1 of CPC. As
per the said provision the defendant may at any time within
10 days of service enter an appearance either in person or by
leader and, in either case, he shall file in court an address for
service of notices on him. Defendant inspite of service of
writ of summons as per service affidavit, Ex.02 did not
remain present within 10 days from the date of service of
writ of summons. Hence, suit be proceeded exparte against
defendant. Matter adjd for exparte evidence to 03-04-2021.
Nature of Disposal : OTHERWISE
Disposal Date : 09-03-2021
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