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2003 Supreme(Del) 974

R.S.SODHI
BLACK DIAMOND GLASSWARE PRIVATE LIMITED – Appellant
Versus
KUSUM LATA GUPTA – Respondent


Advocates Appeared:
J.K.SETH, Promila Seth, SHALINI KAPUR

R. S. SODHI, J.

( 1 ) THIS petition is directed against the judgment and order of he Civil Judge, Delhi, in Suit No. 596/1995 dated 25th January, 1997, dismissing the application of the petitioner for setting aside the order dated 12th September, 1996 by which the defence of the petitioner was struck off.

( 2 ) IN order dated 29th July, 2002, it was recorded that the petitioner had made an offer to pay 50 times the cost of Rs. 200. 00 imposed, that remained unpaid. The matter was then listed on 27th May, 2003, when no one was present. Thereafter the matter was again listed on 25th July, 2003, when nobody appeared for the respondents - Kusumlata Gupta and Ors. The matter was again listed for 22nd September, 2003, when again no one appeared for the respondent. It was adjourned to 24th September, 2003. Thereafter the matter has been on board for regular hearing, but nobody has chosen to appear on behalf of the respondents.

( 3 ) FACTS of the case leading to this petition are that vide order dated 12th September, 1996, court set aside ex-parte proceedings subject to cost of Rs. 200. 00, to the plaintiff and Rs. 1000. 00 to be deposited with the Delhi Legal Aid and Advise Board. On 12th






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