The court dismissed a Summary Suit under Order XXXVII of the CPC for manifest neglect by the plaintiff to comply with Rules regarding taking out summons for judgment under Rule 227 of the High Court Original Side Rules.
Dismissal of Summary Suit No.1108 of 2003 under Rule 227 of the High Court Original Side Rules.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
SUMMARY SUIT NO.1108 OF 2003
ABN Ambro Bank N.V.
...Plaintiff.
Vs. Vijay P. Malhotra. ...Defendant.
Mr.Dipenkar Das i/b. M.V. Kini & Co. for the Plaintiff. None for the Defendant.
..... CORAM : DR.D.Y.CHANDRACHUD, J. September 17, 2009 . P.C.
The Summary Suit under Order XXXVII of the Code of Civil Procedure, 1908. No steps have been taken for taking out the Summons for Judgment. Accordingly, the suit has been set down for dismissal under Rule 227 of the High Court Original Side Rules and was notified on the notice board of the Prothonotary & Senior Master on 31st August 2009. There is a manifest neglect and failure on the part of the Plaintiff to comply with the provisions of Chapter XIV of the Rules. In the circumstances, the suit is dismissed under Rule 227
of the High Court Original Side Rules.
1 issue framed by the court
Whether a summary suit can be set down for dismissal due to manifest neglect to take out summons for judgment.
2 provisions across 1 enactments
DR D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
