ISHWAR DAYAL KANSAL Vs. NIRMAL NAYYAR

JUDGEMENT

(1.) I.A. 9929/2014

(2.) Plaintiff, who appears in person, submits that he was informed by his counsel that his file had been misplaced and in view thereof, he could not prepare and file the evidence.

(3.) In the application seeking recall, it has been averred in paragraph 2 that issues were framed on 16.7.2012 and plaintiff was directed to file evidence within four weeks and the case was adjourned to 27.8.2012 for fixing the dates of cross-examination. On 27.8.2012, counsel for the plaintiff sought further time for filing affidavit by way of evidence and the case was adjourned to 22.1.2013. On 22.1.2013 the plaintiff had appeared in person and sought further time to file list of witnesses and affidavits. Eight weeks time was granted and the matter was adjourned to 1.8.2013. On 1.8.2013 the plaintiff had sought an adjournment on the ground that he had misplaced his file. Costs of Rs.5,000/- was imposed and the matter was adjourned to 19.12.2013 and thereafter to 18.3.2014.