Vani Anand v. Govt of NCT of Delhi

1. The suit has been placed before the Court by the learned Joint has appeared on behalf of the plaintiff and no steps have been taken to file the amended memo of parties and thereafter file the process fee for issuing fresh summons to the defendant.

2. A perusal of the order sheets reveal that on 08.08.2013, summons sent to the defendant were returned unserved and in view of the report of the Process Server, learned counsel for the plaintiff was granted time to file the amended memo of parties, giving specific address of the defendant and thereafter, file the process fee for effecting service on it returnable on 11.10.2013. Thereafter, none had appeared for the plaintiff on 11.10.2013, 04.03.2014, 28.05.2014, 2015:DHC:2251 CS(OS) 1387/2013 21.08.2014, 23.09.2014 and 16.10.2014 and nor had any steps been taken to file the amended memo of parties or file the process fee for effecting service on the defendant. Finally, on 15.12.2014, Mr. Noor Alam, Advocate had appeared for the plaintiff and stated that he wished to withdraw the present suit. At his request, the matter was adjourned to 05.02.2015. Yet again on 05.02.2015, none appeared for the plaintiff and nor were any steps taken in terms of the earlier orders. Same is the position today.

3. It appears that the plaintiff is not interested in prosecuting the present suit, which is dismissed in default and for non-prosecution. HIMA KOHLI, J MARCH 09, 2015 rkb