The High Court dismissed a summary suit filed in 1998 due to manifest neglect by the plaintiffs for failing to take steps towards taking out summons for judgment within the regulated period under the High Court Original Side Rules.
The summary suit was 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 ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1983 OF 1998
..Plaintiffs
Jeena and Company ..Plaintiffs versus Trans India Floritech Limited ..Defendants
None present for the parties.
CORAM : DR. D. Y. CHANDRACHUD , J. DATED : 7TH JULY, 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 12th May, 2009. There is a manifest neglect and failure on the part of the Plaintiffs 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 filed in 1998 for which no steps were taken towards taking out summons should be dismissed under Rule 227 for manifest neglect and failure to comply with Rules of Court?
2 provisions across 2 enactments
D. Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
