ANIL SHANDILYA Vs. B.K. GUPTA (HUF)

JUDGEMENT

(1.) FAO No. 407/2015.

(2.) THE present appeal has been filed by the appellant (plaintiff in the suit) impugning orders dated 10.02.2015 and 22.04.2015. By order dated 10.02.2015, the application of the appellant under Order 9 Rule 4 for restoration of the suit has been dismissed and by order dated 22.04.2015 the application seeking modification of order dated 10.02.2015 has also been dismissed. The said applications have been dismissed on the ground that the appellant was not ready and willing to perform his part of the contract and as such there was no ground made out to recall the order dismissing the suit on the account of non - prosecution.

(3.) AS per the appellant (plaintiff) on 01.08.2012 the appellant took an adjournment on the ground that the counsel was not available. The case was adjourned for 07.08.2012 on which date the parties had submitted that a settlement was not possible. Accordingly, the defendant was directed to file the written statement and plaintiff was directed to furnish a bank guarantee in the sum of Rs. 51,50,000/ - in favour of the Registrar General of this Court and subject to furnishing the bank guarantee, the defendant was restrained from creating any third party interest in the suit property and was further restrained from making any addition/alteration without the prior permission of the court.