The court dismissed the suit in default due to the plaintiff's persistent non-appearance. Consequently, an accompanying application for amendments was dismissed as infructuous.
Suit dismissed in default; application under Order 6 Rule 17 CPC dismissed as infructuous.
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RITIKA AWASTY ..... Plaintiff Through: None.
versus HASSAD NETHERLANDS B V & ORS ..... Defendants Through: Mr. Samar Kachwalva, Advocate along with Mr. Ashok Sagar, Ms. Ankit Khush and Mr. Anand Mohan, Advocates for D-1 and D-2.
CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R % 22.11.2016
No one is present on behalf of the plaintiff. Yesterday also, there was no appearance on behalf of plaintiff. It is also apparent that another suit CS(COMM) 1535/2016 between the defendant and husband of the plaintiff based on the same agreements is also listed wherein an application under Order 7 Rule 11 CPC was also filed by the defendant.
After some hearing on that application, learned counsel in that suit sought an adjournment for seeking instructions from his client. Thereafter, the said suit being CS(COMM) 1535/2016 has been withdrawn.
It seems that the plaintiff herein is not interested in pursuing her suit. The present suit along with the application except the application under Order 6 Rule 17 stands dismissed in default.
In view of the dismissal of the suit, the application under Order 6 Rule 17 has become infructuous and the same is also dismissed.
DEEPA SHARMA, J
NOVEMBER 22, 2016 sapna
2 issues framed by the court
Whether a suit should be dismissed in default in the absence of the plaintiff's appearance.
Whether an application for amendments becomes infructuous upon the dismissal of the suit.
2 provisions across 2 enactments
Deepa Sharma
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
