Court granted leave to plaintiff to withdraw a notice of motion filed under Order 9 Rule 13 CPC, as the grounds for setting aside a decree under Order 37 Rule 4 were not pleaded. Plaintiff may file fresh motion subject to limitation.
Leave granted to withdraw motion with liberty to file fresh motion subject to limitation.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.76 of 2009
IN
SUMMARY SUIT NO.2325 of 2006
Essar Graphics (India) .. Plaintiff
versus
Shruti Innerwear & Anr.
.. Defendants
Mr.V.P. Amin i/b M/s.B.Amin & Co. for the plaintiff.
Mr. S.R.Mishra for the defendants.
CORAM : D.G. KARNIK, J
DATED :20th July 2009
P.C:-
1 issue framed by the court
Whether leave is granted to withdraw a notice of motion as it was filed under the wrong procedural provision.
2 provisions across 1 enactments
D.G. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
