Application under Section 151 CPC for preponement and early hearing of suit
0 of 57 blanks filled
IN THE COURT OF Court name
CS DJ NO. Suit number (CS DJ) OF Year of the suit.
IN THE MATTER OF:
Plaintiff's name...PLAINTIFF
VERSUS
Defendant's name…DEFENDANT
N.D.O.H.: …Next date of hearing
APPLICATION UNDER SECTION 151 CPC ON BEHALF OF THE APPLICANT / PLAINTIFF FOR PREPONEMENT / EARLY HEARING OF THE MATTER AND FOR EXPEDITING THE PROCEEDINGS OF THE PRESENT CASE.
MOST RESPECTFULLY SHOWETH: -
1.That the present suit has been filed by the applicant / plaintiff against the defendant before this Hon'ble Court, and the same is listed on Date matter listed for arguments for arguments on the applications and for orders.
2.That the present suit was filed by the plaintiff before this Hon'ble Court on Date of institution of suit, and notice was issued to the defendant. The defendant finally appeared on Date defendant first appeared before this Hon'ble Court; however, despite directions to file the written statement and reply, and to address arguments on the application under Order 39 Rules 1 & 2 of CPC, the defendant failed to comply with the same and sought an adjournment to engage counsel. Hence, the matter was adjourned to Adjourned date for compliance for compliance on the next date of hearing.
3.On Date of hearing, the matter was listed, and on that occasion again the defendant failed to comply with the previous order regarding filing of the reply / written statement and sought an adjournment on the ground that her counsel was not available. The plaintiff submitted before this Hon'ble Court that the plaintiff is the Relationship of plaintiff to defendant of the defendant, and that the present suit for Nature of the suit has been filed, with multiple litigations pending between the plaintiff and the defendant. Accordingly, the matter was adjourned to Date of adjournment order, an order was passed restraining the defendant from sending defamatory messages to the employers of the plaintiff, and the matter was listed for filing of the written statement and reply, and for arguments on the application under Order 39 Rules 1 & 2 of CPC.
4.That the matter was listed on Date matter listed, and surprisingly the defendant did not appear and sent a message stating that Reason stated by defendant for non-appearance and that she would not be able to appear on that date. Hence, the matter was again adjourned for arguments on the application under Order 39 Rules 1 & 2 of CPC to Date fixed for arguments (December). On Date defendant absent, the defendant again did not appear and sought an adjournment on the same ground, which the plaintiff opposed, as the defendant was deliberately and intentionally abstaining from appearing. Hence, the matter was adjourned by this Hon'ble Court, granting a last and final opportunity to the defendant for filing the written statement / reply and for arguments on the application, to Date of last opportunity granted.
5.That the defendant, instead of filing a reply and in order to further delay the proceedings, maliciously sent an email dated Date of defendant's email to the plaintiff and his counsel demanding a physical copy of the suit, disregarding the fact that during the Covid-19 situation, this Hon'ble Court had dissuaded the exchange of physical copies. It is submitted that the defendant demanded a hard copy from the plaintiff more than two months after having been served. Left with no other option, the plaintiff was constrained to send the physical copy of the suit to the defendant, which was duly received by her on Date defendant received physical copy of suit.
6.On the date of hearing, Date of hearing, the defendant again failed to comply with the previous order despite repeated directions, whereupon this Hon'ble Court closed the right of the defendant to file the written statement, and the matter was fixed for Date fixed for order on injunction application for orders on the application under Order 39 Rules 1 & 2 of C.P.C. The conduct of the defendant remained the same, and she again failed to appear before this Hon'ble Court on the date of hearing, Date defendant absent. Hence, the matter was adjourned to Adjourned date for clarifications for clarifications.
7.On Date defendant appeared with counsel, the defendant surprisingly appeared with her counsel, despite having been granted several opportunities to comply with the order, which resulted in the closure of her right. The defendant thereupon moved an application for setting aside the order dated Date of order closing defendant's right; arguments on the said application were also heard, and the matter was placed for orders on the application for Date fixed for order on setting-aside application. The matter was adjourned to Adjourned date for order for orders, as the Ld. P.O. was on leave on Date presiding officer on leave. On Date defendant absent, the defendant did not appear before this Hon'ble Court, and the defendant's application for setting aside the order was allowed, with a direction to file the written statement within fifteen days, and this Hon'ble Court adjourned the matter for filing of the WS / reply and for arguments on the application under Order 39 Rules 1 & 2 of CPC to Date fixed for arguments (March).
8.That on Date defendant complied with order, the defendant complied with the order, and this Hon'ble Court adjourned the matter for arguments on the application under Order 39 Rules 1 & 2 of CPC to Date fixed for arguments on injunction application. Surprisingly, the defendant again deliberately failed to appear, and this Hon'ble Court adjourned the matter to Adjourned date for arguments, granting the defendant a last opportunity to address arguments on the application on the next date of hearing.
9.That thereafter, owing to the suspension of normal functioning due to Covid-19, the matter was adjourned en bloc from Start date of en-bloc adjournment to End date of en-bloc adjournment. After the pandemic, this Hon'ble Court listed the matter for the first time on Date matter listed through video conferencing through video conferencing and adjourned it to Adjourned date for arguments for arguments on the applications. On Date of adjournment sought, the defendant again sought an adjournment on the ground that her main counsel was not available, and this Hon'ble Court granted the defendant a last opportunity for arguments on the applications and fixed the matter for Date fixed for arguments for the said purpose. The matter was again adjourned to Further adjourned date. Finally, arguments on the applications were heard on Date arguments heard, and this Hon'ble Court adjourned the matter for orders.
10.Surprisingly, this Hon'ble Court again adjourned the matter at length to Date matter adjourned for orders for orders on the applications. It is submitted that the defendant has repeatedly taken unnecessary adjournments deliberately since the matter was first listed, and has been delaying the proceedings only to harass the plaintiff, which is evident from the order sheets of this Hon'ble Court, which clearly demonstrate the conduct of the defendant in appearing intermittently and failing to comply with orders. Despite service on Date of service / Alternate date of service, the defendant has adopted dilatory tactics and is deliberately delaying the proper adjudication of the suit.
11.That the defendant, despite service, has deliberately chosen not to appear before this Hon'ble Court on several dates of hearing, which is reflected from the above narration as well as from the order sheets of this Hon'ble Court.
12.It is settled law under Rule 3-A of Order 39, which enjoins the court to dispose of applications for injunction within thirty days: where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable to do so, it shall record its reasons for such inability.
13.That the applicant / plaintiff has suffered irreparable loss and injury owing to the delay caused in the matter by the conduct of the defendant. Therefore, for the disposal of the same, the adjudication of the present matter ought to be done expeditiously. The applicant, therefore, prays that the next date of hearing of the present matter be preponed as early as possible, in consonance with the convenience of this Hon'ble Court.
14.That the applicant has been compelled to file the present application solely on account of the conduct of the defendant and the hardship caused to the applicant/plaintiff, directly or indirectly. If the proceedings of the present case are not expedited, the applicant will suffer undue hardship which cannot be compensated in terms of money or otherwise.
15.That the non-functioning of this Hon'ble Court on account of the Covid-19 pandemic has delayed the outcome of the present case, thereby adversely affecting the applicant/plaintiff. In order to avoid further loss, the applicant most respectfully prays that this Hon'ble Court may kindly prepone the hearing of the captioned matter and expedite the proceedings of the present case.
16.That the present application for early hearing is being filed without any prejudice to the defendant, and the same may be granted by this Hon'ble Court in the interest of justice.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly allow the present application, prepone the next date of hearing and expedite the proceedings of the present case, in the interest of justice.
It is prayed accordingly.
DELHIAPPLICANT / PLAINTIFF
THROUGH
DATED: Date of application
Counsel's name,
Advocate
Counsel's address
Mob. No.: Counsel's mobile number
Email: Counsel's email address
IN THE COURT OF SH. Judge's name, LD. ADJ, SOUTH DIST., SAKET COURTS, NEW DELHI
CS DJ NO. Suit number (CS DJ) OF 2020
IN THE MATTER OF:
Plaintiff's name...PLAINTIFF
VERSUS
Defendant's name...DEFENDANT
AFFIDAVIT
Affidavit of Sh. Deponent's name, aged Deponent's age years, S/o Sh. Deponent's father's name, R/o Deponent's house number, Deponent's street/colony, Delhi-Deponent's pincode, do hereby solemnly affirm and declare as under:-
1.That the deponent is the plaintiff in the abovementioned case and is filing the present application. The deponent is well conversant with the facts and circumstances of the present case and is, therefore, competent to swear this affidavit.
2.That the contents of the accompanying application have been drafted by the deponent's counsel, and all the averments made therein are true and correct to the deponent's belief, which is based on the advice rendered by counsel and believed to be correct.
3.That the deponent has gone through and understood the contents of the accompanying application and states that the facts stated therein are true and correct to the deponent's knowledge.
DEPONENT
VERIFICATION:-
Verified at New Delhi on this Date of verification (day) day of Month of verification, Date of verification (year), that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT