Ram Lal Kanojia v. The State & Ors.

Delhi High Court · 20 Jan 2015 · 2015:DHC:569
Hima Kohli
CS(OS) 1524/2010
2015:DHC:569
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the civil suit for default due to the plaintiff's non-appearance and disposed of related interlocutory applications, allowing revival if the plaintiff seeks it.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 1524/2010
RAM LAL KANOJIA ..... Plaintiff
Through: None
VERSUS
THE STATE & ORS ..... Defendants
Through: Mr. Dhanesh Relan, Advocate with Mr. Arush Bhandari, Advocate for D-1, 2, 3, 5, 8 and 10.
Ms. Shalini Kapoor, Advocate with Ms. Kriti Arora, Advocate for D-11.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 20.01.2015
I.A. 3170/2012 (by defendant No.11 u/S 151 CPC)
Counsel for the defendant No.11 states that the written statement filed by the defendant No.11 has already been directed to be taken on record and therefore no further orders are required to be passed on this application. The same is accordingly disposed of.
CS(OS) 1524/2010
JUDGMENT

1. The suit was passed over on the first call as none was present on behalf of the plaintiff. Same is the position on the second call.

2. It appears that the plaintiff is not interested in prosecuting the present suit, which is accordingly dismissed in default and for nonprosecution. 2015:DHC:569 I.A. 5613/2013 (by the defendants u/O VII R 11 CPC)

1. In view of the fact that the suit instituted by the plaintiff has been dismissed in default, the present application is disposed of.

2. It is clarified that if the plaintiff approaches the Court for seeking revival of the suit and the said application is allowed, then the present application would stand revived for arguments. HIMA KOHLI, J JANUARY 20, 2015 rkb