Som Nath Proprietor M/S Smmohini Diamonds v. M/S H Dipak & Co.
Case brief
What is this about?
The court dismissed an application to record evidence in a suit that had been dismissed in default. The plaintiff's request for restoration was not pursued. The court instead transferred the suit and pending application to the District Judge, Tis Hazari Courts, under a specific notification.
What did the court decide?
Suit and application transferred to the Court of the District Judge (Central District), Tis Hazari Courts.
What the court decided
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(OS) 2917/2012
SOM NATH PROPRIETOR M/S SMMOHINI DIAMONDS..... Plaintiff Through : Mr. Mohit Monga, Advocate
versus
M/S H DIPAK & CO .....Defendant
Through : None.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R
%
07.01.2016
- Vide order dated 20.1.2015, the present suit was dismissed in
default and for non-prosecution as none had appeared for the plaintiff on the said date and the date prior thereto.
Issues for consideration
1 issue framed by the court
Whether to transfer a suit dismissed by default for non-prosecution back to a lower court for recording evidence.
Coram
Hima Kohli
Case details
As recorded by the court registry
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