PRIME CARE HOSPITAL LTD. & ANR. vs KAMLA DEVI DECEASED & ORS.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16th April, 2025 + CM(M) 443/2025 & CM APPL. 19868/2025 PRIME CARE HOSPITAL LTD. & ANR. .....Petitioner Through: Mr. Sourabh Gupta, Mr. Akshansh Gupta and Mr. Vasu Dev, Advocates. versus KAMLA DEVI DECEASED & ORS. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 443/2025 & CM APPL. 19867/2025 (seeking early hearing) 1. Petitioner has filed a suit, which seeks recovery. 2. When the abovesaid suit was taken up by the learned Trial Court on 13.11.2024, noticing that the steps had not been taken for serving the LRs of deceased defendant No.1, one more opportunity was granted to the plaintiff, albeit, subject to cost of Rs.10,000/- to be deposited with Lawyer’s Welfare Fund, Dwarka District Court. 3. Thereafter, when the matter was taken up by the learned Trial Court on 12.12.2024, an application seeking wavier of cost was taken up for consideration. The same was dismissed holding that it was neither signed by the plaintiff nor it was accompanied by any affidavit of the party. 4. The order impugned before this Court is order dated 07.02.2025 as when on the said date, another application was moved by the plaintiff to the Signature Not Verified Digitally Signed CM(M) 443/2025 1 By:SONIA THAPLIYAL Signing Date:17.04.2025 15:06:00 same effect, it also did not find favour with the learned Trial Court as the learned Trial Court noticed that such application was also neither signed by AR of the plaintiff nor any supporting affidavit of AR of the plaintiff had been filed. 5. The plaintiff was, accordingly, directed to deposit the cost on or before next date, failing which the suit would entail dismissal for non-prosecution. 6. Such order dated 07.02.2025 is under chall