Property issues - plaintiff is not diligent in proceeding
9 months ago
On gone through with the proceeding, it is transpired that
inspite the matter is old one i.e. of the year 2006, the plaintiff is not
diligent in proceeding. His affidavit by way of examination in chief was
placed on record in the year 2017. Inspite of that there is no further
progress in the matter. Moreover, as per order passed by Hon'ble Principal
District Judge, Nagpur in Civil M.A.No.416/2022, the matter is time bound
and it is specifically directed that it is to be decided in any case by the end
of April2023. Inspite of ample opportunity is given to the plaintiff but he
never turnedup. Today also he is absent. Adjournment application is also
not moved and hence, the matter is disposed in default for want of
prosecution under Order 17 Rule 2 of Code of Civil Procedure.
What does this mean?
The Court may proceed to dispose of the suit in one of the modes as applicable under Order IX or may make such order/such other order as it sees suitable, according to Rule 2 of Order XVII of CPC, if the parties or any of them failed to appear on the day to which the hearing of the suit was extended. By definition, a lawsuit is dismissed for lack of prosecution when the plaintiff failed to perform the essential and needed steps in a timely way, leading to the case being dropped.
Rule 2 of Order XVII of CPC provides that if on the day to which the hearing of the suit was adjourned, the parties or any of them failed to appear, the Court may proceed to dispose of the suit in one of the modes as available under Order IX or may make such order/such other order as it thinks fit. By definition, a dismissal for want of prosecution occurs when a case is dropped because the plaintiff failed to take necessary and required actions in a timely manner.
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