DAVINDER NATH LOHTIA Vs. JAGJIT SINGH BAJAJ

JUDGEMENT

(1.) THIS first appeal under Section 96 of the Civil Procedure Code (CPC), 1908 seeks setting aside of the judgment and decree dated 9th September, 2010 of the Court of Additional District Judge (ADJ) (17, Central), Delhi in Suit No.241/2009.

(2.) NOTICE of the appeal was issued. The appellant failed to serve the respondents No.4, 8 & 9 inspite of repeated opportunities. None appeared on behalf of the appellant on 27th July, 2012 and on 17 th August, 2012. In the circumstances, the appeal was dismissed in default. Application for restoration was filed by the appellant and which was allowed vide order dated 4th July, 2013, subject to payment of costs to the Delhi High Court Bar Association Lawyer's Social Security and Welfare Fund, which is stated to have been deposited, and the matter posted for today for service of the respondents No.8 & 9. The respondents No.8 & 9 remain unserved with the report of both of them being not available at the address given by the appellant. On the last date i.e. 4 th July, 2013, it was made clear that if the appellant does not serve the respondents No.8 & 9, the appeal insofar as against them shall be dismissed for non-prosecution.

(3.) MR . Gaurav Malhotra, Advocate for the appellant appears.