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2017 Supreme(P&H) 1589

ANITA CHAUDHRY
Janak Rani – Appellant
Versus
Jarnail Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sandeep S. Majithia, Advocate

JUDGMENT :

ANITA CHAUDHRY, J.

1. Challenge is laid to the order dated 08.11.2016, passed by Civil Judge (Jr. Division), Amritsar, vide which the suit filed by the plaintiff was dismissed under Order 9 Rule 2 CPC and Order 9 Rule 5 CPC.

2. The suit was filed in 2008 and the defendant was ordered to be summoned through registered cover on filing of Regd. AD and copy of plaint. The trial Court noted that the plaintiff failed to comply and the case was adjourned 16 times from 03.12.2008 up to 22.09.2011. Thereafter, no-one appeared for the plaintiff and the suit was dismissed in default on 03.10.2011. An application for restoration was filed 5 years later and the suit was restored. The Court was overindulgent. The plaintiff was granted one opportunity to get the service effected but he failed again to give the process fee/registered AD cover etc. The trial Court gave another opportunity but still the plaintiff failed to give the copy of the plaint. A detailed order was passed by the Court on 24.10.2016 giving three days further time and it was made clear that in case the order was not complied then the suit would be dismissed. On the adjourned hearing an application was filed seeking furt


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