Yashpal Gosain v. Nand Kishore Gosain and Ors

Delhi High Court · 11 Jul 2016 · 2016:DHC:4838
Hima Kohli
CS(OS) 645/2014
2016:DHC:4838
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the civil suit in default due to the plaintiff's prolonged absence and failure to prosecute the case.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 645/2014
YASHPAL GOSAIN ..... Plaintiff
Through: None
VERSUS
NAND KISHORE GOSAIN AND ORS ..... Defendants
Through: Mr. Virender Mehta, Advocate for D-1 and D-2.
Mr. Saurabh Kumar Pandey, Advocate and Mr. Iqbal Singh, Advocate for D-3 to D-6.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 11.07.2016
JUDGMENT

1. A perusal of the order sheets shows that none has been appearing for the plaintiff for the past several dates. In fact, the plaintiff was last represented before the learned Joint Registrar on 25.03.2015, whereafter both, the counsel and the plaintiff have absented themselves.

2. On the last date of hearing, the statement of the counsels for the defendants No.1 and 2 and defendants No.3 to 6 was recorded to the effect that the parties were in the process of arriving at a settlement. Today, counsels for the defendants No.1 and 2 and defendants No.3 to 6 state that efforts were made for negotiating a settlement but the same did not succeed. CS(OS) 645/2014 2016:DHC:4838

3. Be that as it may. As none has been appearing for the plaintiff for the past several dates in the present suit, it is assumed that he does not wish to pursue the present suit, which is accordingly dismissed in default and for non-prosecution. HIMA KOHLI, J JULY 11, 2016 rkb/ap