Kamlesh Khatri vs Surbhi Associates And Ors
2015 Latest Caselaw 5832 Del

$~4.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1895/2009
      KAMLESH KHATRI                                   ..... Plaintiff
                    Through: None

                        versus


      M/S SURBHI ASSOCIATES & ORS              ..... Defendants
                    Through: Mr. Alok Kumar, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 11.08.2015

1. On 24.03.2015, the application filed by the counsel for the

plaintiff for seeking discharge from the present case due to lack of

instructions from his client was duly allowed. Simultaneously, court

notice was issued to the plaintiff returnable on 06.07.2015. On

06.07.2015, fresh notice was directed to be issued to the plaintiff.

2. As per the office report, the plaintiff was duly served on

17.07.2015. Despite the same neither the plaintiff nor her counsel is

present. A perusal of the order sheets reveals that issues were framed

in the suit as long back as on 05.05.2011, whereafter the plaintiff was

directed to lead the evidence by filing the affidavit by way of evidence.

After imposing costs due to delay in filing the list of witnesses and the

affidavit by way of evidence, the same were taken on record.

Thereafter, repeated adjournments were sought by the counsel for the

plaintiff for one ground or the other and further costs were imposed on

the plaintiff. It has been five years since the issues were framed in

the suit but the plaintiff did not lead the evidence. Finally, vide order

dated 05.01.2015, the Joint Registrar had closed the right of the

plaintiff to lead the evidence.

3. It appears that the plaintiff is not interested in prosecuting the

present suit, which is accordingly dismissed in default and for non-

prosecution.

HIMA KOHLI, J AUGUST 11, 2015 rkb/ap