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HIGH COURT OF DELHI
CS(OS) 1415/2011 & IA No.9396/2011
ONKAR SWAROOP BHATNAGAR & ANR ..... Plaintiffs
Through : None.
Through : Mr. Sanat Kumar, Advocate for D-1.
JUDGMENT
1. The suit was listed before the Court on 17.4.2015, on which date, it was recorded that despite last and final opportunity granted by the learned Joint Registrar to the plaintiffs to file the affidavit of evidence-in-chief in terms of the order dated 3.3.2015, no steps have been taken by them. Resultantly, the right of the plaintiffs to lead the evidence was closed. In the interest of justice, no adverse orders were passed against the plaintiffs on 17.4.2015 and the suit was adjourned for today. Same is the position even today.
2. It appears that the plaintiffs are not interested in prosecuting the present suit, which is accordingly dismissed in default and for nonprosecution, along with the pending application. 2015:DHC:3740 CS(OS) 1415/2011
3. If the plaintiffs file an application for seeking restoration of the suit, the same shall be entertained by the Registry only after they deposit costs of Rs.10,000/- with the Delhi High Court Legal Services Committee and file the proof of deposit on record. HIMA KOHLI, J APRIL 24, 2015 sk