Manoj Kumar and Anr. v. Dharam Pal & Ors.

Delhi High Court · 11 Feb 2015 · 2015:DHC:11869
Hima Kohli
CS(OS) 3535/2012
2015:DHC:11869
civil other

AI Summary

The Delhi High Court dismissed the civil suit for default and non-prosecution due to the plaintiffs' continuous absence and failure to file affidavit in chief.

Full Text
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HIGH COURT OF DELHI
CS(OS) 3535/2012
MANOJ KUMAR AND ANR. Plaintiffs
Through: None
VERSUS
DHARAM PAL &ORS Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI o r d e r o/o 11.02.2015
JUDGMENT

1. The present suit has been placed by the learned Joint Registrar before this court vide order dated 20.1.2015, stating inter alia that despite service of court notice to the plaintiffs, none was present on their behalf and nor has the affidavit in chief been filed by them. It has been further recorded that the plaintiffs have not been appearing since 25.4.2014.

2. Same is the position today. None is present on behalf of the plaintiffs and nor has the affidavit in chief been filed.

3. It appears that the plaintiffs are not interested in prosecuting the present suit, which is accordingly dismissed in default and for nonprosecution. HIMA KOHLI, 3 FEBRUARY 11, 2015 mk