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How dismiss suit

(Querist) 15 February 2016 This query is : Resolved 
Sir

PW1 always absent while on last date cost charged by court as mention 1000/- cost to plaintiff with consent of defendant, otherwise suit dismiss

Now defendant urgently wants to dismiss suit with compensatory cost of Rs.50,000/- and award Rs.10,000/- as per WS file.

So pls guide which appl. file before court -- Rule 17 order 2 or order 3 or any other appl. ??

and how recover Compensatory cost and when ??

pls guide urgently
rajagopal.s (Expert) 15 February 2016
Rule 17 order 3,
Costs will be decided by the court in line with your written statement
S. S. Rathi (Querist) 15 February 2016
in ws pray 10000/- but pocket exps and fees about 50000/-, how recove
Devajyoti Barman (Expert) 16 February 2016
The suit will be put to be tried. i am not sure why are getting worried by his ws when the suit is not started as yet.
If the cost is not paid the court may fix the suit on ex parte.
S. S. Rathi (Querist) 16 February 2016
Im defendant and wants to recover pocket exps. How_?
Can I file order 17 rule 3 appl


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