The High Court dismissed a summary suit instituted by Bank of India against Prashant V Bagadi for manifest neglect and failure by the Plaintiff to comply with procedural rules, specifically Rule 227 of the High Court Original Side Rules.
The suit was dismissed under Rule 227 of the High Court Original Side Rules.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
SUMMARY SUIT NO.1115 OF 2003
Bank of India. ...Plaintiff. Vs. Prashant V, Bagadi. ...Defendant. .... None 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.
2 issues framed by the court
Whether a summary suit dismissed for manifest neglect and failure to comply with procedural rules should be allowed or dismissed.
Whether the Plaintiff's failure to take out Summons for Judgment amounts to manifest neglect under Chapter XIV of the Rules.
2 provisions across 2 enactments
DR.D.Y.CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
