Subash Agarwal v. Santosh Kumar Saluza & ORS.

OD-3 ORDER SHEET CS/47/2013

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUBASH AGARWAL -VSSANTOSH KUMAR SALUZA & ORS.

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: December 1, 2022.

The Court : The matter was listed on 21st November, 2022 but none appeared on behalf of either the parties. It appears that the suit was filed in the year 2012 and after scrutiny of the plaint, the learned Master of this Court has pointed out two defects in the plaint but the plaintiff has not taken any steps to cure the said defects. For the interest of justice, the case was adjourned till today with the rider that if none appears on behalf of the plaintiff and no steps taken by the plaintiff to cure the defects, appropriate orders will be passed. Today also when the matter is called on, none appears on behalf of the plaintiff and no accommodation is sought for. It is also found from the record that the plaintiff has not taken any steps to cure the defects as pointed out by the learned Master.

In view of the above, this Court finds that the plaintiff is not interested to proceed with the suit and hence, this Court has no other option but to reject the plaint in CS/47/2013.

Accordingly, CS/47/2013 is dismissed.

(KRISHNA RAO, J.) RS