The trial court dismissed a suit under the caption of 'Undefended Suits for Exparte Decree'. The plaintiff's counsel sought further time, but the court refused, citing a prior order that no further time would be granted and that the plaintiff had failed to contact the advocate.
The suit was dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.1826 OF 1998
Mrs.Tehmi E. Hilloo
...Plaintiff
Versus
Shri Ashok Shah & Anr....Defendants
Shri P.Kolpate for the Plaintiff.
Shri Luckyraj Indorkar i/by Hariani & Co for the
Defendants.
CORAM : ABHAY S.OKA, J.
DATED : AUGUST 13, 2007.
P.C.:
1.The suit is listed under the caption of
"Undefended Suits for Exparte Decree". The learned
counsel appearing for the Plaintiff seeks time on the
ground that the Advocate on record for the Plaintiff
could not contact the Plaintiff as her telephone numbers
have changed.
2.On 05th July, 2007 time was granted to the
counsel for the Plaintiff to enable him to contact the
Plaintiff. On 31st July, 2007 on the request made by
the counsel for the Plaintiff, time was specifically
granted as a last chance till today. The order dated
31st July, 2007 records that no further time will be
granted.
... 2 ...
3.In view of order dated 31st July, 2007, further
time cannot be granted. The Plaintiff has not contacted
her Advocate on record. It is, therefore, obvious that
the Plaintiff is not interested in prosecuting the suit.
Hence, the suit is dismissed for non prosecution.
JUDGE
1 issue framed by the court
Whether a suit should be dismissed for non-prosecution when the plaintiff has not contacted the advocate despite previous grant of time.
Abhay S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court