M/S KEY STONE BUILDTECH PVT. LTD v. SHRI JAWAHAR LAL CHABRA & OTHERS

Delhi High Court · 16 Sep 2016 · 2016:DHC:6565
Hima Kohli
CS(OS) 2429/2009
2016:DHC:6565
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the civil suit for default and non-prosecution due to the plaintiff's failure to appear and take necessary procedural steps after the death of a defendant.

Full Text
Translation output
CS(OS) 2429/2009
HIGH COURT OF DELHI
CS(OS) 2429/2009 and I.A. 16425-16427/2009
M/S KEY STONE BUILDTECH PVT. LTD ..... Plaintiff
Through: None
VERSUS
SHRI JAWAHAR LAL CHABRA & OTHERS ..... Defendants
Through: Mr. Rishi Manchanda, Adv. for D-1.
Mr. D.S. Narula, Senior Advocate with Mr. A.S.
Narula, Advocate for D-2.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 16.09.2016
I.A. 21812/2014 (by D-1 u/O XXXVII R 3(5) CPC) and I.A. 17589/2015
(by D-2 u/O XXXVII R 3(5) CPC)
JUDGMENT

1. The case was passed over on the first call as none was present on behalf of the plaintiff. The position remains the same on the second call at 3:13 PM. Counsels for the defendants No.1 and 2 state that though the counsel for the plaintiff was duly informed about the demise of the defendant No.3 on 26.04.2016 and time was sought by him to take steps to bring on record the legal heirs of the deceased defendant No.3, no steps have been taken in this regard.

2. Pertinently, none was present on behalf of the plaintiff before the Joint Registrar even on 20.07.2016.

3. It appears that the plaintiff is not interested in prosecuting the present 2016:DHC:6565 CS(OS) 2429/2009 suit, which is accordingly dismissed in default and for non-prosecution alongwith the pending applications. HIMA KOHLI, J SEPTEMBER 16, 2016 rkb