* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: 16th November, 2009
Date of Order: 7th December, 2009
IA No. 3544/2009 in CS(OS) No. 432/2001
% 07.12.2009
Jitender Kumar Garg ... Plaintiff
Through: Mr. Khushbir Singh, Advocate
Versus
Smt. Leelawati & Ors. ... Defendants
Through: Mr. K.K.Jha, Advocate for D-1,2,3 &5
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
ORDER
This application has been made under Order IX Rule 4 CPC by the
plaintiff for recalling order dated 2nd March, 2009 whereby the suit of the plaintiff
was dismissed in default for non-appearance. It is stated by the plaintiff that
plaintiff could not appear before the Court as he was suffering from acute gastro
enteritis and severe dehydration and was unable to stand and walk. The plaintiff
had engaged a Counsel who inadvertently noted wrong date of hearing and could
not appear before the Court. The effort of the plaintiff to contact his Counsel did
not succeed.
2. It would be seen that plaintiff had not been appearing in this case
quote often and had been adopting the dilatory tactics. A cost of Rs.15,000/- was
imposed on the plaintiff by this Court on 25.3.2008 and this cost was also not
paid by the plaintiff. He did not appear on 1.9.2008 and on 5.11.2008. Vide order
dated 2.12.2008 last opportunity was given to the plaintiff for payment of cost and
to file his list of witnesses and affidavits by way of evidence and it was clarified to
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him that no further time shall be granted. No witness of the plaintiff appeared
nor any affidavit of evidence was filed on record on 2nd February, 2009.
Thereafter, when the matter was taken up on 2nd March, 2009, the plaintiff again
did not appear and his suit was dismissed in default.
3. The medical certificate filed by plaintiff is for a disease of gastro
enteritis. No treatment record has been filed by the plaintiff as to since when he
was taking treatment. The medical certificate issued by the doctor specifically
mentions at the bottom that the certificate was not for medico-legal purpose. It is
obvious that the certificate procured by plaintiff was just to take an excuse of non
appearance. Looking into the conduct of the plaintiff, throughout of not
prosecuting the suit and just delaying the matter, I find the excuse taken by the
plaintiff was false and no ground is there to allow the application. The application
is dismissed. The suit shall remain dismissed.
December 07, 2009 SHIV NARAYAN DHINGRA, J.
vn
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