Plaintiff failed to file an affidavit in lieu of evidence by the deadline set in an earlier order. The suit was dismissed for non-prosecution without any further reference to the Court.
Suit disposed of and dismissed for non-compliance with an order to file affidavit by 4th January, 2010.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 184 OF 2003
Jayant Pardiwala...Plaintiff
vs.
M/s.Janamadhyama Prakashana Limited...Defendants
Ms.Mamta Omle i/b. Mr.Rajendra R. Mishra for the
Plaintiff.
CORAM : V.M. KANADE, J.
DATED : JANUARY 18, 2010
P.C. :-
1By order dated 2nd December, 2009, the
plaintiff was granted time till 4th January, 2010 to
file affidavit in lieu of evidence and compilation
of original documents. The order clearly states that
if the order dated 2nd December, 2009 is not complied
on or before 4th January, 2010, the suit would stand
dismissed for non-prosecution without further
reference to the Court.
2Suit, therefore, is disposed of on account
of non-compliance of the said order. The request
made by the plaintiff for further extension cannot
be granted in view of the conditional order which
was passed.
3Suit, accordingly, is disposed of.
1 issue framed by the court
Whether the suit should be dismissed for non-prosecution due to failure to comply with an order to file affidavit by a specified date.
Jayant Pardiwala
M/s. Janamadhyama Prakashana Limited
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court