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How to go about dismissal of suit
25-May-2023 (In Landlord/Tenant Law)
Suit by Sr. Citizen lady Plaintiff. Issue pleaded not framed. Filed application to bring under provisions of sec. 108 TOP issue, Court sought deft's say, who objected prayer to be not specific as sub section 108 (o) was not mentioned. Deft had denied same in W.S. Application rejected as being not specific. Plaintiff sought amendment of plaint to bring in same issue, allowed, but total cost imposed Rs. 8000/- for failure of trial court to frame issue & said cost is not plaintiff's family monthly income & her means & control. Deft approached Bombay High Court against implementation of amendment order & after part hearing withdrew it & w.p. was disposed of. Plaintiff filed review in same trial court on direction of trial court for heavy cost imposed which was rejected by new trial judge. Matter kept for PW#1 Cross. Deft now seeking dismissal of suit as Plaintiff has failed to comply with court's order & cost payment. Can Plaintiff's case be dismissed?
Yes, as per the little history of your case. the Suit of the plaintiff can be dismissed for non compliance of orders by the Plaintiff. Once the case is dismissed for non-compliance of matter the Plaintiff might move for an appeal against the orders as well.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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