The court dismissed a summary suit filed in 1998 due to the plaintiff's manifest neglect in failing to comply with procedural rules, specifically by not taking out summons for judgment over seventeen years.
The summary 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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
SUMMARY SUIT NO. 1599 OF 2003
Sicom Ltd. Vs.
Gauta Patel
..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)
1 issue framed by the court
Whether a summary suit should be dismissed for failure to take out summons for judgment despite its filing in 1998.
Sicom Ltd.
Gauta Patel
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
