HARSUKH B GOHEL Vs. VINOD KUMAR BINDLISH

JUDGEMENT

(1.) THIS Notice of Motion is taken out by the Plaintiff for setting aside an order dated 18 February 2011 passed by a learned Single Judge of this Court, dismissing the Summary Suit for want of prosecution.

(2.) THE suit claims a decree for a sum of Rs. 20,00,000/ with interest from date of filing of the suit till payment and or realisation. The suit is filed on the basis of a Memorandum of Understanding executed between the Plaintiff and the Defendants.

(3.) BY an order dated 10 December 2009, unconditional leave to defend was granted to the Defendants. The Defendants, thereafter, filed their Written Statement and the suit was posted for evidence. On 12 April 2010, the Plaintiff sought time to file his affidavit in lieu of examinationinchief along with the affidavit of documents and therefore, the suit was adjourned for a period of one week. On 19 April 2010 when the matter was taken up for hearing once again, the Plaintiff failed to file his affidavit in lieu of evidence as well as the affidavit of documents. On an adjourned date, i.e. on 26 April 2010, once again, time was sought by the Plaintiff. Thereafter the matter was called out on 11 January 2011, when the Plaintiff was still not ready with his affidavit and original documents and the matter was adjourned to 18 February 2014. The matter was called out on 18 February 2011, when once again time was sought on the ground that the Plaintiff was out of Mumbai. This Court came to the conclusion that despite repeated opportunities being given, the Plaintiff had failed and neglected to file his affidavit in lieu of examinationinchief and documents and that the Plaintiff was, therefore, not interested in prosecuting the suit. This Court, accordingly, dismissed the suit for want of prosecution on 18 February 2011.