The High Court dismissed a Summary Suit filed in 1998 under Order XXXVII CPC due to the plaintiffs' manifest neglect in failing to comply with Rules for taking Summons for Judgment, leading to dismissal under Rule 227 of the High Court Original Side Rules.
Summary Suit No. 1985 of 1998 is dismissed under Rule 227 of the High Court Original Side Rules.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1985 OF 1998
Jeena and Company ..Plaintiffs versus Tropica Agro-Base International 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 the Summary Suit filed in 1998 should be dismissed due to manifest neglect and failure by the Plaintiffs to take out the Summons for Judgment.
2 provisions across 2 enactments
Jeena and Company
Tropica Agro-Base International Limited
D. Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
