Interim Order 6

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT - 40
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 defendant under Order
XVII Rule 3 of the Code of the Civil Procedure.
2. The applicants submits that, during the pendency of the
proceeding time to time adjournments were granted to the plaintiff.
Since last 20 dates the plaintiff has failed to filed examination in
chief despite repeated reminders and directions. On 15.04.2024 last
opportunity was granted to the plaintiffs adduced the evidence but
the plaintiffs are in default. Therefore, the applicants prayed to allow
the application by invoking provision of Order XVII Rule 3 of the
Code of the Civil Procedure.
3. The plaintiffs have filed the say at Exh.43 and submit
that, the present application is filed for the third time which is not
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maintainable. He submits that Exh.22 was dismissed by this Court
having similar prayer. He submit that the application is false and
frivolous 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.33 under Order IX of the Code of Civil
Procedure filed by defendants was also pending. The present
application is not maintainable at this juncture. Therefore, at this
stage the suit cannot be dismissed. 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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