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2008 Supreme(Del) 784

A.K.SIKRI, MANMOHAN SINGH
Jasbir Sobti – Appellant
Versus
Surender Singh – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Ashwani K. Mata, Sr. Adv. and D.P. Kaushik, Adv.
For Respondents/Defendant: Nemo

JUDGMENT

A.K. Sikri, J.

1. The appellants herein had filed CS(OS) No. 883/2003. In this suit the appellants (hereinafter referred to as the plaintiffs) had prayed for money decree. The suit was instituted on 5.4. 2003. This suit has been dismissed by the learned Single Judge vide order dated 5.10.2007, as according to the learned Single Judge, the plaintiff had not cared to take proper and appropriate steps for prosecuting the same. This appeal is preferred impugning the said order dated 5.10.2007. In order to appreciate as to whether the plaintiff was prosecuting the said suit with due diligence, we had summoned the suit file and have gone through the order-sheet. It is not necessary to reproduce the entire history of the case. We may state the events after the plaintiff amended the suit.

2. After the plaintiff was allowed to amend the plaint, time was granted to the defendant to file the written statement to the amended plaint and the matter was fixed by the Joint Registrar on 2.3.2006 for admission/denial of documents. On 2.3.2006, neither the plaintiff nor the defendant appeared and the Joint Registrar adjourned the case to 22.3.2006. On that date as well as the next date, i.e
































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