This is a one-line order dismissing a summary suit filed under Order XXXVII of CPC due to manifest neglect by the plaintiff to proceed with the suit, invoking Rule 227 of the High Court Original Side Rules.
Suit dismissed for manifest neglect; notice board notification done.
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.2144 OF 1998
Vishni K. Jhangiani Vs.
DSJ Communications Ltd. And others
..Plaintiff.
..Defendants.
None present for the parties.
CORAM: DR. D.Y. CHANDRACHUD, J.
8th 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 2nd July, 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.
2 issues framed by the court
Whether a summary suit filed under Order XXXVII of CPC which has never proceeded beyond filing can be dismissed for non-progression.
Whether manifest neglect by the plaintiff to take steps for summoning a suit justifies dismissal under applicable procedural rules.
2 provisions across 2 enactments
Vishni K. Jhangiani
DSJ Communications Ltd.
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
