Citation : 2015 Latest Caselaw 2015 Del
Judgement Date : 9 March, 2015
$~16.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1387/2013
VANI ANAND ..... Plaintiff
Through: None
versus
GOVT OF NCT OF DELHI ..... Defendant
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 09.03.2015
1. The suit has been placed before the Court by the learned Joint
Registrar, who has recorded in the order dated 05.02.2015 that none
has appeared on behalf of the plaintiff and no steps have been taken
to file the amended memo of parties and thereafter file the process fee
for issuing fresh summons to the defendant.
2. A perusal of the order sheets reveal that on 08.08.2013,
summons sent to the defendant were returned unserved and in view of
the report of the Process Server, learned counsel for the plaintiff was
granted time to file the amended memo of parties, giving specific
address of the defendant and thereafter, file the process fee for
effecting service on it returnable on 11.10.2013. Thereafter, none had
appeared for the plaintiff on 11.10.2013, 04.03.2014, 28.05.2014,
21.08.2014, 23.09.2014 and 16.10.2014 and nor had any steps been
taken to file the amended memo of parties or file the process fee for
effecting service on the defendant. Finally, on 15.12.2014, Mr. Noor
Alam, Advocate had appeared for the plaintiff and stated that he
wished to withdraw the present suit. At his request, the matter was
adjourned to 05.02.2015. Yet again on 05.02.2015, none appeared for
the plaintiff and nor were any steps taken in terms of the earlier
orders. Same is the position today.
3. It appears that the plaintiff is not interested in prosecuting the
present suit, which is dismissed in default and for non-prosecution.
HIMA KOHLI, J MARCH 09, 2015 rkb
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