Single Judge Order dismissing an appeal for closure of evidence as plaintor failed to lead evidence or pay costs after multiple opportunities. Chamber Appeal against order dated 14th August 2015 dismissed for lack of merit and excessive delay.
Appeal dismissed; suit dismissed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~11.
versus
O.A. No.166/2016 (of the plaintiff against the order dated 14th August, 2015 of the Joint Registrar and IA No.10662/2016(for condonation of 243 days delay in filing the appeal) and IA No.10663/2016 (for condonation of 74 days delay in re-filing the appeal).
CS(OS) No.889/2008 page 1 of 5
to file their list of witnesses within four weeks and the plaintiff directed to file affidavits by way of examination-in-chief of all its witnesses within eight weeks and the matter placed before the Joint Registrar on 15th September, 2014.
page 2 of 5
CS(OS) No.889/2008
CS(OS) No.889/2008
page 3 of 5
CS(OS) No.889/2008.
CS(OS) No.889/2008
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Decree sheet be prepared.
RAJIV SAHAI ENDLAW, J SEPTEMBER 02, 2016
„pp‟ ..
CS(OS) No.889/2008 page 5 of 5
2 issues framed by the court
Whether the plaintiffs were entitled to condonation of delay in filing and re-filing the chamber appeal despite no plausible reason for non-compliance.
Whether the order closing the plaintiffs evidence on third default stands correct in law.
M/S PODDAR GLOBAL LIMITED
SERVANTS OF PEOPLE SOCIETY & ANR
Rajiv Sahai Endlaw
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
