This court dismissed a summary suit filed in 1997 for manifest neglect and failure to comply with procedural rules, specifically under Rule 227 of the High Court Original Side Rules, after no steps were taken to file Summons for Judgment.
Suit dismissed for manifest neglect 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.1562 OF 1997
Harinder Kaur Vs. Anant R. Sheth
..Plaintiff.
..Defendant.
None present for the parties.
CORAM: DR. D.Y. CHANDRACHUD, J.
5th May, 2009.
P.C. :
The Summary Suit under Order XXXVII of the Code of Civil Procedure was filed in 1997. 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 23rd March, 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 dismissed for manifest neglect and failure to comply with the Rules without taking out Summons for Judgment under Rule 227 of the High Court Original Side Rules is sustainable.
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
