Disposed
Vikram Singh Karki v. Swami Gangadas Chela Garib Das
Uttarakhand HCWPMS/2363/2014
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of 2014 Hon’ble Alok Singh, J. Mr. H.M.…
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of 2014 Hon’ble Alok Singh, J. Mr. H.M.…
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WPMS No. 2363 of 2014
Hon’ble Alok Singh, J.
Mr. H.M. Bhatia, Advocate for the petitioner.
Learned counsel for the petitioner submits that O.S. No. 313 of 2010 (Vikram Singh Karki Vs. Swami Gangadas) is proceeding ex parte against the defendant, since defendant failed to file written statement. He further contends that learned trial court may be directed to decide the suit within such time, as this Court may deem fit.
Since suit is proceeding ex parte against the defendant, therefore, defendant can move application under Order 9 Rule 7 CPC, at any point of time, before conclusion of trial, for setting aside the ex parte proceedings, therefore, direction sought by the petitioner seems to be unjustified.
However, it goes without saying that court shall not cause unnecessary delay in deciding the suit.
In view of the above, learned counsel for the petitioner seeks permission to withdraw this petition. CLMA No. 11759 of 2014 also stands disposed of accordingly.
SKS
Petitioner
Alok Singh
As recorded by the court registry
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