The plaintiff failed to file the requisite list of witnesses and affidavit on affidavit as directed. Owing to the plaintiff's non-prosecution and absence, the suit was dismissed in default.
Suit dismissed in default and on account of non-prosecution.
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6 $~
ATUL KUMAR JAIN ..... Plaintiff
Through: None.
versus
PRAVEEN KUMAR JAIN & ORS. ..... Defendants Through: Mr. Mayank Rustagi, Advocate for defendant No.3.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 14.09.2017
The learned Joint Registrar has placed this matter before the Court as the plaintiff has neither filed his list of witnesses nor the evidence by way of affidavit.
A perusal of the file reveals that issues in the present case were framed on 26th May, 2016. Thereafter, the plaintiff’s application for withdrawal was dismissed and plaintiff was directed to file his list of witnesses and Examination-in-Chief by way of an affidavit.
However, on 15th December, 2016, 11th April, 2017 and 07th September, 2017, the matter was adjourned as none appeared for the plaintiff.
Even today, despite a pass over, none is present for the plaintiff.
Consequently, the present suit is dismissed in default and on account of non-prosecution.
MANMOHAN, J
SEPTEMBER 14, 2017 js
Man Mohan
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
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