Bhajan Singh v. Jagtar Singh & Ors.

Delhi High Court · 05 Sep 2016 · 2016:DHC:6287
Hima Kohli
CS(OS) 2537/2014
2016:DHC:6287
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the civil suit for non-prosecution and default due to the plaintiff's failure to appear and file a formal withdrawal application despite expressing intent to withdraw.

Full Text
Translation output
CS(OS) 2537/2014
HIGH COURT OF DELHI
CS(OS) 2537/2014 and I.A. 23609/2015
BHAJAN SINGH ..... Plaintiff
Through: None
VERSUS
JAGTAR SINGH & ORS ..... Defendants
Through: Mr. Gajinder Kumar, Mr.Chandra Shekhar and Ms.Kajal Bhati, Advocates for D-3 and D-4.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 05.09.2016
JUDGMENT

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

2. A perusal of the order sheet shows that none had appeared on behalf of the plaintiff on the last date of hearing fixed before the Joint Registrar, i.e., on 26.7.2016. On the said date, the learned Joint Registrar had recorded that on 13.5.2016, counsel for the plaintiff had submitted that the plaintiff 2016:DHC:6287 CS(OS) 2537/2014 wished to withdraw the suit. However, no application for withdrawal of the suit was filed by the plaintiff. Even, as on date, no such application has been filed by the plaintiff.

3. It appears that the plaintiff is not interested in prosecuting the present suit, which is accordingly dismissed in default as well as for non-prosecution, along with the pending application. HIMA KOHLI, J SEPTEMBER 05, 2016 mk