Dismissing a summary suit for manifest neglect due to lack of steps taken for summons for judgment, the court applied Rule 227 of the High Court Original Side Rules.
Suit dismissed under Rule 227 of the High Court Original Side Rules for manifest neglect.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
SUMMARY SUIT NO. 1232 OF 2003
Or. Marg Research Pvt Ltd. ..Plaintiffs Vs. Remniscent India Television Pvt Ltd. ..Defendant
None present for the parties.
CORAM: DR. D.Y. CHANDRACHUD, J.
15th October, 2009.
P.C. :
The Summary Suit under Order XXXVII of the Code of Civil
Procedure was filed in 1998. 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 filed in 1998 without taking summon for judgment should be dismissed under Rule 227 for manifest neglect.
1 provisions across 1 enactments
Or. Marg Research Pvt Ltd.
Remniscent India Television Pvt Ltd.
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
