The High Court of Delhi dismissed a criminal revision petition for non-prosecution after the petitioner failed to amend the memorandum or remove defects as required under Chapter 1, Part-A(a) 5(2) of the High Court Rules and Orders.
Petition dismissed for non-prosecution; liberty granted to file a fresh petition.
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versus
M/S J.T.POLYMERS ..... Respondent Through None.
CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR O R D E R % 02.11.2015
The present case has been lying at the filing counter for a long time under objections for removal of defects.
A note has been put up by the Registry that under the Provisions of Chapter 1, Part-A(a) 5(2) of the High Court Rules and Orders, if a memorandum of appeal is not taken back for amendment, the same shall be registered and listed before the Court for its dismissal for non-Prosecution.
The aforesaid provision applies to all matters: civil and criminal.
Since no effort has been made to collect the memorandum of petition for removing the defect and re-filing the same, the petition is dismissed for non-prosecution.
However, the petitioner would be at liberty to file fresh petition in case the grievance still remains to be redressed.
ASHUTOSH KUMAR, J
NOVEMBER 02, 2015/ab
1 issue framed by the court
Whether a petition lying under objections for removal of defects should be dismissed for non-prosecution if the memorandum is not amended or re-filed in compliance with the High Court Rules.
M/S FRONTIER FOAM PRODUCTS (P) LTD
M/S J.T.POLYMERS
Ashutosh Kumar
As recorded by the court registry
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