This judgment dismisses a summary suit filed in 1998 by Bank of Baroda against Rahul Behany for manifest neglect in not taking out Summons for Judgment and failure to comply with Chapter XIV of the Rules.
The suit is dismissed 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. 1598 OF 2003
Bank of Baroda Vs. Rahul Behany
..Plaintiffs
..Defendant
None present for the parties
CORAM: DR. D.Y. CHANDRACHUD, J.
29th 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)
2 issues framed by the court
Whether a summary suit filed in 1998 where no steps for Summons for Judgment were taken should be dismissed for manifest neglect.
Whether the suit is liable for dismissal under Rule 227 of the High Court Original Side Rules.
3 provisions across 3 enactments
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
DR. D.Y. CHANDRACHUD
Parties & counsel
