Raj Kumar Madhian v. Sh. Sri Chand Madhian

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 281/2022 & I.A. 7726/2022 RAJ KUMAR MADHIAN .....Plaintiff Through:

Mr. S. Khan, Advocate (Through VC) versus SH. SRI CHAND MADHIAN & ORS.

.....Defendants Through:

None

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 15.07.2024 1.

The plaintiff is not present in person, despite the directions vide order dated 10.07.2024.

2.

Mr. S. Khan, Advocate has joined the proceedings through video conferencing link and is seeking an adjournment in the present matter. His vakalatnama is not on record and the said submission is a reiteration of the request made by him on the previous date of hearing i.e. 10.07.2024. At his request, the matter was adjourned on the last date of hearing. 3.

The record evidences that the plaintiff in the past two (2) years has elected not to file process fee and hence summons to the defendants in the suit could never be issued by the registry. The continuation of the present suit therefore appears to be for oblique motives. 4.

In view of the aforesaid facts, the present suit is dismissed under Order IX Rule 2 of the Code of Civil Procedure (CPC). All pending applications as well stand dismissed.

CS(OS) 281/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2024 at 11:23:29

5.

In the event, the plaintiff elects to file an application for restoration, the same will be considered in accordance with law, subject however, to minimum costs of Rs. 25,000/-.

MANMEET PRITAM SINGH ARORA, J JULY 15, 2024/rhc/ms CS(OS) 281/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2024 at 11:23:29