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IN THE HIGH COURT OF DELHI AT NEW DELHI
HIMA KOHLI, J.
Dinson India (P) Ltd. - Plaintiff
Versus
J.K. Dairy & Food Ltd. - Defendant
CS(OS) 1467/2007
Decided on : 10.08.2015
Dismissal - Default and Non-prosecution - The court dismissed the suit in default and for non-prosecution due to the plaintiff's failure to prosecute the suit and conclude the evidence.
Fact of the Case:
The plaintiff failed to prosecute the suit for five years and did not conclude the evidence. The costs imposed on the plaintiff were also not deposited.
Finding of the Court:
The court found that the plaintiff was not interested in prosecuting the suit and dismissed it in default and for non-prosecution.
Issues: Failure to prosecute the suit, non-conclusion of evidence, and non-deposit of costs.
Ratio Decidendi: The court's decision was influenced by the plaintiff's lack of interest in prosecuting the suit and failure to conclude the evidence, leading to dismissal in default and for non-prosecution.
Final Decision: The suit was dismissed in default and for non-prosecution.
1. The suit has been placed before the court by the Joint Registrar who had recorded in the order dated 20.4.2015 that the plaintiff has not been prosecuting the suit for some time. Even the costs imposed on the plaintiff vide order dated 10.2.2015, were not deposited. In five years, the plaintiff failed to conclude the evidence.
2. The matter was passed over on the first call as none was present on behalf of the plaintiff. Same is the position on the second call.
3. It appears that the plaintiff is not interested in prosecuting the present suit, which is accordingly dismissed in default and for non-prosecution.
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