A plaintiff's failure to appear in court and take necessary steps to prosecute the suit may lead to dismissal of the case in default and for non-prosecution.

Headnote:
Default Judgment - Plaintiff's Non-Appearance - Dismissal for Non-Prosecution
Fact of the Case:

The plaintiff failed to appear in court and take necessary steps to prosecute the suit, leading to dismissal of the case in default and for non-prosecution.
Finding of the Court:

The court found that the plaintiff showed no interest in prosecuting the suit, as evidenced by non-appearance and failure to tender ex-parte evidence, leading to dismissal of the case.
Issues: Non-appearance of the plaintiff, failure to tender ex-parte evidence, and lack of interest in prosecuting the suit.
Ratio Decidendi: The court's decision was influenced by the plaintiff's lack of interest in prosecuting the suit, as demonstrated by non-appearance and failure to take necessary steps, leading to dismissal of the case in default and for non-prosecution.
Final Decision: The case was dismissed in default and for non-prosecution due to the plaintiff's lack of interest in prosecuting the suit.

JUDGMENT :

Hima Kohli, J.

1. The present case was passed over on the first call as none was present on behalf of the plaintiff. Same is the position on the second call.

2. A perusal of the order-sheets shows that the defendant was proceeded against ex-parte vide order dated 28.02.2014, whereafter the plaintiff was directed to tender his ex-parte evidence. No steps in that regard were taken by the plaintiff. In fact, none had appeared on behalf of the plaintiff on 11.12.2014, the date fixed before the Joint Registrar for completion of evidence.

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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Judicial Analysis

2015 Supreme(Del) 3544

DELHI HIGH COURTHima Kohli, J.Ravinder Kumar Mittal - AppellantVersusAditya Electricals - ResopndentCS(OS) 1676/2013Decided On : 08-01-2015

A plaintiff's failure to appear in court and take necessary steps to prosecute the suit may lead to dismissal of the case in default and for non-prosecution.

Judicial Analysis

DELHI HIGH COURT
Hima Kohli, J.
Ravinder Kumar Mittal - Appellant
Versus
Aditya Electricals - Resopndent
CS(OS) 1676/2013
Decided On : 08-01-2015