Jinendra Kumar Jain & Anr vs Rajmilk Singh Oberoi & Ors
2015 Latest Caselaw 54 Del

13
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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1949/2012 & IA No.12027/2012
      JINENDRA KUMAR JAIN & ANR                          ..... Plaintiffs
                    Through None

                           versus

      RAJMILK SINGH OBEROI & ORS                       ..... Defendants
                     Through None

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 06.01.2015

1. The present suit has remained at the stage of admission since

9.7.2012. On 28.8.2012, learned counsel for the plaintiffs was

requested to address the court on the maintainability of the suit in the

light of the provisions of Order XXI Rule 101 CPC. At the request of

counsel for the plaintiffs, the matter was adjourned to enable him to

examine the issue and obtain instructions. Subsequently, vide order

dated 22.7.2013, last opportunity was granted to the plaintiffs to place

on record the certified copies of the relevant orders, in terms of an

earlier order dated 26.2.2013. The said order has also not been

complied with till date.

2. The matter was passed over on the first call as none was present

on behalf of the plaintiffs. Same is the position even on the second

call.

3. In the above circumstances, the court has no option, but to

dismiss the suit in default as well as for non-prosecution, along with

pending application. Ordered accordingly.

HIMA KOHLI, J JANUARY 06, 2015 mk