RAMESH RANI Vs. RAMAN KUMAR GOYAL AND ANOTHER

JUDGEMENT

(1.) The plaintiff is before this court aggrieved against the order dated 1.2.2010 passed by the court below whereby the suit filed by her was dismissed under Order 10 Rule 4 CPC.

(2.) Briefly, the facts of the case are that the petitioner filed a suit on 3.1.2009, inter-alia, for dissolution of partnership deed dated 1.4.1998 executed between the petitioner-plaintiff and respondent No. 1- Raman Kumar Goyal in the name and style of M/s New Hindustan Surgicals Company and for rendition of accounts. After filing of the written statement by the respondents on 11.5.2009, the case was adjourned for filing of replication. After the same having not been filed, the learned court below adjourned the case number of times. On 4.12.2009, the matter was adjourned to 1.2.2010 noticing that on failure of the parties to appear in person, provisions of Order 10 Rule 4 CPC would apply. On the next date, i.e., 1.2.2010, the suit having been dismissed, the order is impugned before this court.

(3.) Learned counsel for the petitioner submitted that firstly no application regarding admission and denial of documents, as is noticed in the order dated 24.7.2009, was filed by either of the parties. He further submitted that for admission or denial of any of the allegations in the pleadings, the parties were not required to appear in person. It could be in the presence of counsels as well. On all the occasions, counsels for both the parties were present but no questions were asked by the court below.