Shyam Kumar v. Chandan Mishra

Delhi High Court · 05 Feb 2010 · 2010:DHC:11058
Hima Kohli
RC.REV.93/2008
2010:DHC:11058
civil petition_dismissed

AI Summary

The Delhi High Court dismissed the petition for non-prosecution due to the petitioner's repeated failure to file process fee, serve notice, and appear in court.

Full Text
Translation output
o, HIGH COURT OF DELHI
RC.REV.93/2008
SHYAM KUMAR
Through: None
VERSUS
CHANDAN MISHRA
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI I..... Respondent
05.02.2010 The matter was passed over on the first call as none was present on behalf of the petitioner. Same is the positionr even on the second call.
Notice was issued in the present petition on og.o7 .2008, returnable on 07.11.2008. on 07.11.2008, as the respondent was not served, fresh notice was directed to be issued'to the respondent, returnable on 20.03.2009. On 20.03.2009, it was observed that notice could not be issued to the respondent as process fee was not filed and the matter was renotified for 15.09.2009. on 15.09.2009, it was t again reported that the process fee was not filed by the petitioner. As a result, last and final opportunity was granted to the petitioner to issue fresh notice to the respondent, returnable for today.
Process fee has again not been filed by thg petitioner. None is ..... Petitioner
I
2010:DHC:11058 :-.f! * / p present on behalf of the petitioner nor is his counsel present even on the second call today. It appears that the petitioner is not interested in prosecuting the present petition. The same is,rtherefore, dismissed in default and for non-prosecution.
FEBRUARY O5,201O rkb HIMA KOHLI,J 2010:DHC:11058
JUDGMENT