Prem Wati Saini vs Suresh Chand Saini & Ors
2015 Latest Caselaw 727 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CS(OS) 728/2012 & IA No.5446/2012

                                                Decided on : 27.01.2015

IN THE MATTER OF:
PREM WATI SAINI                                      ..... Plaintiff
                        Through : None.

                        versus

SURESH CHAND SAINI & ORS                       ..... Defendants
                   Through : None.


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J.(Oral)

1.

The case is being taken up today as 23rd January, 2015 was

declared a holiday.

2. The present suit has been placed before the Court by the Joint

Registrar with an observation that none has been appearing for the

parties. Further, though two weeks' time was granted to the plaintiff,

vide order dated 30.7.2014. to conclude admission/denial of documents

subject to payment of costs, steps have not been taken by the plaintiff

to deposit the costs or to conclude the admission/denial of documents.

3. A perusal of the order sheets reveals that the plaintiff's counsel

has been quite indifferent in pursuing the present case. Vide order

dated 2.7.2014, the Joint Registrar had recorded that none was present

on behalf of either side, despite being granted a pass over.

Accordingly, the suit was directed to be placed before the Court on

30.7.2014.

4. On 30.7.2014, counsel for the plaintiff had entered appearance

and sought more time to conclude admission/denial of documents. At

the request of the counsel for the plaintiff, the suit was placed before

the Joint Registrar on 3.11.2014 for completion of admission/denial of

documents, subject to deposit of costs of `5,000/-. Again none had

appeared for either of the parties on 3.11.2014 and same was the

position on 12.12.2014.

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

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

prosecution, along with the pending application.

                                                         (HIMA KOHLI)
JANUARY 27, 2015                                            JUDGE
sk/mk