Interim Order 5

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT - 33
IN
R.A.E.R. SUIT No. 580 OF 2022
[CNR NO. MHSCA30014142022]
Shri. Kanhaiyalal Jitanprasad Tiwari and anr. …Plaintiffs.
Versus
Shri. Dinkar D. Mishra and ors. …Defendant.
Appearance:-
Mr. D. R. Pandey Ld. Advocate for the plaintiffs.
Mrs. Saroj K. Shinde Ld. Advocate for the defendants.
Coram: L.B.M.M.A. Syed,
Judge, C. R. No. 35,
Date: 08st April, 2026.
ORAL ORDER :-
This is an application filed by the defendants for
dismissal of suit for non prosecution under Order IX of the Code of
Civil Procedure.
2. The applicants submits that, since last 15 dates the
plaintiff had failed to file examination in chief despite repeated
reminders. The plaintiff is seeking adjournments on one and the
other reasons. On 15.04.2024, last opportunity was granted to the
plaintiff to file examination in chief, even though plaintiff failed to
file evidence. Therefore, the applicants prays to dismiss the suit for
non prosecution on the ground of lack of evidence or failure to file
evidence with heavy costs of Rs.25,000/-.
3. The plaintiff filed their say at Exh.36 and submits that,
the same type of application below Exh.22 filed by the applicant was
/home/steno35/Desktop/1. L. M. Syed Court Room NO.35/April/Orders/08.04/Exh 33 RAE 580 of 2022 for dismiss the suit.odt
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dismissed by this Court. No sufficient reasons are given in the
application. The application is false and frivolous. He denied all the
allegations made in the application and prayed to reject the
application.
4. Heard both the Ld. Advocates for the respective parties.
Perused the application and say. Also perused the order passed by
this Court below Exh.22 on 08.01.2025. There are several
application filed by the defendants. The application Exh.32 was filed
for the inspection of the documents of plaintiff which was pending.
Moreover, application Exh.40 under Order XVII, Rule 3 of the Code
of Civil Procedure filed by defendants was also pending. Order IX of
the Code of Civil Procedure is not applicable at this juncture.
Therefore, at this stage the suit cannot be dismissed that the
evidence is not filed. The application is sans merit and liable to be
rejected. Hence, I pass the following order.
:: O R D E R ::
Application is rejected.
(order dictated and pronounced in open court)
(L.B.M.M.A Syed)
Date : 08/04/2026. Judge, C.R. No. 35 (B.B.)
Order dictated on : 08/04/2026
Order checked & signed on : 08/04/2026.
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