JITENDER KUMAR GARG Vs. SMT. LEELAWATI AND ORS.

JUDGEMENT

(1.) THIS application has been made under Order IX Rule 4 CPC by the plaintiff for recalling order dated 2nd March, 2009 whereby the suit of the plaintiff was dismissed in default for non -appearance. It is stated by the plaintiff that plaintiff could not appear before the Court as he was suffering from acute gastro enteritis and severe dehydration and was unable to stand and walk. The plaintiff had engaged a Counsel who inadvertently noted wrong date of hearing and could not appear before the Court. The effort of the plaintiff to contact his Counsel did not succeed.

(2.) IT would be seen that plaintiff had not been appearing in this case quote often and had been adopting the dilatory tactics. A cost of Rs. 15,000/ - was imposed on the plaintiff by this Court on 25.3.2008 and this cost was also not paid by the plaintiff. He did not appear on 1.9.2008 and on 5.11.2008. Vide order dated 2.12.2008 last opportunity was given to the plaintiff for payment of cost and to file his list of witnesses and affidavits by way of evidence and it was clarified to him that no further time shall be granted. No witness of the plaintiff appeared nor any affidavit of evidence was filed on record on 2nd February, 2009. Thereafter, when the matter was taken up on 2nd March, 2009, the plaintiff again did not appear and his suit was dismissed in default.