MANOHAR SINGH Vs. D S SHARMA
HIGH COURT OF DELHI
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PRADEEP NANDRAJOG, J. -
(1.) This Revision Petition challenges the order dated 27.7.2005.
(2.) By the impugned order, suit filed by the plaintiff who is petitioner herein was dismissed.
(3.) Backdrop facts leading to the passing of impugned order are as follows.
a) Plaintiff filed suit for damages for defamation against the defendants who are the respondents herein. b) The said case was listed for cross-examination of witness S.Josheph, DW-2 on 7.1.2004 On the said date, at the request of the plaintiff, an adjournment was granted to cross-examine the witness subject to payment of costs. c) However, no steps were taken by the plaintiff to pay the costs till 1.4.2005. On 1.4.2005, it was directed that upon deposit of the cost in court, the witness shall be cross-examined on 27.4.2005. Again, no costs were deposited in the court by the plaintiff. Matter was listed for 27.7.2005. d) On 27.7.2005, after noting the provisions of Section 35-B of the Code of Civil Procedure, 1908 and failure of the plaintiff to pay the costs, his suit was dismissed.;
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