In Suit No. 10 of 1983, Plaintiffs Godrej Soaps Limited failed to file the affidavit of the first witness despite a court direction. Counsel reported no instructions and Plaintiffs were absent. The court dismissed the suit for default.
Suit dismissed for default due to failure to file affidavit of first witness.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 10 OF 1983
1. Godrej Soaps Limited & Anr. ] .. Plaintiffs
Versus
United Motors (India) Limited. ] .. Defendants
Ms. Deepal Thakkar i/b Gordhandas & Fozdar for the
plaintiffs.
Ms. Bhavna Singh i/b M/s. Mulla & Mulla & Cragie Blunt
& Caroe for the defendants.
CORAM: D.G. KARNIK, J.
DATED: 13TH MARCH, 2007
P.C. :
. By order dated 27th February, 2007, the
plaintiffs were directed to file the Affidavit of their
first witness in lieu of examination-in-chief.
2. Counsel for the plaintiffs states that despite
letter, the plaintiffs have not given them the documents
nor has anybody met them for drafting the Affidavit of
evidence. She, therefore, reports no instructions. The
plaintiffs are also absent when called.
: 2 :
3. Suit is, therefore, dismissed under Order IX
Rule 8 read with Order XVII Rule 2 of the Civil
Procedure Code.
Sd/-
[D.G. KARNIK, J.]
1 issue framed by the court
Whether a suit can be dismissed when the plaintiff fails to file the affidavit of the first witness due to absence and lack of instructions.
2 provisions across 2 enactments
Godrej Soaps Limited
United Motors (India) Limited
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court