Mahipal Singh v. Mehtab Singh

O R D E R %

11.11.2016

None for the plaintiff. It is submitted on behalf of the defendant that the plaintiff is not attending the Court after first hearing of the case, i.e., 01.07.2015, despite the fact that the matter had been listed for five times thereafter. It is prayed that the suit be dismissed and interim order be vacated.

I have perused the file. From the various ordersheets of this Court, it is apparent that the plaintiff had attended this Court on

01.07.2015, which was the first hearing. On that day, the matter was adjourned to 02.09.2015 for service of the defendant and on the same date, the defendant was duly served and filed his written statement. Even on that date, the plaintiff did not appear. This Court adjourned the matter subsequently for 07.09.2015 , 25.01.2016, 03.05.2016 and again for 26.07.2016, but yet none for the plaintiff had put up its appearance.

In view of the above, the suit stands dismissed in default.

Interim order dated 01.07.2015 stands vacated.

All the pending applications also stand disposed of.

DEEPA SHARMA, J

NOVEMBER 11, 2016 bg

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1837/2015 and IA Nos. 12791/2015 and 18333-18334/2015 MAHIPAL SINGH ..... Plaintiff Through: None. versus MEHTAB SINGH ..... Defendant Through: Mr S.K. Bhaduri and Ms Kirti Parmar, Advs. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA