The plaintiff, absent from the hearing, failed to update their address after notice could not be delivered because the registered building no longer existed. The High Court dismissed the suit for non-prosecution, holding it was the plaintiff's responsibility to place the new address on record.
Suit dismissed for non-prosecution.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.755 OF 1985
Mohammedali Abbasali Mirza...Plaintiff
vs.
Dipchand Swaraj Gardi & Ors....Defendants
None for the Plaintiff
Mr.P.M.Patwardhan for the Defendant
CORAM : A.S.OKA,J. DATE : AUGUST 16,2007
P.C.:
1. The plaintiff is absent. By order dated 23rd July 2007,
this court directed the Registry to issue notice to the
plaintiff informing the plaintiff that the suit shall be
listed today for issues. The report dated 14th August 2007
submitted by the Section Officer shows that the notice was
attempted to be delivered at the registered address of the
plaintiff mentioned in the plaint. The address shown in the
cause title is the same as the registered address of the
plaintiff. The report of the Section Officer shows that the
office delivery Peon found that the building as mentioned in
the registered address was not in existence.
2. It is, thus, obvious that the registered address of the
plaintiff has undergone a change. It was the responsibility
of the plaintiff to place the new address on record. However,
the plaintiff has failed to do so. Hence, the suit is
dismissed for non prosecution.
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JUDGE
1 issue framed by the court
Whether to dismiss the suit for non-prosecution due to plaintiff's failure to provide updated address.
Mohammedali Abbasali Mirza
Dipchand Swaraj Gardi
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court