The court dismissed a Summary Suit filed under Order XXXVII of CPC in 1998 due to the plaintiff's manifest neglect and failure to proceed with obtaining summons for judgment, in violation of Rule 227 of the High Court Original Side Rules.
Dismissal of the Summary Suit 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. 1283 OF 2003
..Plaintiff
Shri Gordhen Narsinghdas ..Plaintiff Vs. M/s. Bharati Enterprises & Ors. ..Defendants
None present for the parties.
CORAM: DR. D.Y. CHANDRACHUD, J.
23rd September, 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.
(Dr. D. Y. Chandrachud, J)
1 issue framed by the court
Whether the suit should be dismissed for failure to comply with court rules regarding summons.
2 provisions across 2 enactments
Shri Gordhen Narsinghdas
M/s. Bharati Enterprises & Ors.
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
