The High Court of Judicature at Bombay dismissed a summary suit filed in 1998 under Order XXXVII CPC against a manifest neglect and failure of the Plaintiff to comply with Chapter XIV of the Rules and to move for Summons for Judgment.
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. 2114 OF 2003
Airhome Express (I) Pvt Ltd. Vs.
Shri Balaji International & Ors.
..Plaintiffs
..Defendants
None present for the parties.
CORAM: DR. D.Y. CHANDRACHUD, J.
8th October, 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 filed in 1998, with no steps taken for taking out the Summons for Judgment, should be dismissed for manifest neglect under the High Court Original Side Rules.
2 provisions across 2 enactments
Airhome Express (I) Pvt Ltd.
Shri Balaji International & Ors.
Dr. D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
