Sanjay Kumar Parida v. Shyam Malik

Delhi High Court · 09 Oct 2015 · 2015:DHC:8528
Hima Kohli
CS(OS) 2553/2013
2015:DHC:8528
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the civil suit for default and nonprosecution due to the plaintiff's failure to appear and prosecute the case.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 2553/2013
SANJAY KUMAR PARIDA ..... Plaintiff
Through: None
VERSUS
SHYAM MALIK ..... Defendant
Through : None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 9.10.2015
JUDGMENT

1. The suit is once again listed for framing of issues. None was present on behalf of the plaintiff on 30.7.2015. In the interest of justice, the case was adjourned for today.

2. A perusal of the order sheet reveals that even earlier to 30.7.2015, none had appeared for the plaintiff on 29.4.2015, before the Joint Registrar. In fact, the plaintiff had failed to file the replication and his right to do so was closed. The right of the plaintiff to conduct admission/denial of the documents was also closed, though the defendant had duly admitted/denied the documents filed by the plaintiff.

3. It appears that the plaintiff is not interested in prosecuting the present suit, which is accordingly dismissed in default and for nonprosecution. HIMA KOHLI, J OCTOBER 09, 2015