Atul Kumar Jain v. Praveen Kumar Jain & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1687/2013 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