A summary suit filed in 1998 was set down for dismissal for manifest neglect due to the plaintiff's failure to comply with procedural rules. The court dismissed the suit 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. 1990 OF 1998
Jeena and Company ..Plaintiffs versus Crystal Agritech 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 that has not been taken out for summons for judgment within the statutory time can be dismissed under Rule 227 of the High Court Original Side Rules for manifest neglect.
3 provisions across 2 enactments
D. Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
