This order dismisses a summary suit filed in 1998 for manifest neglect and failure to comply with procedural rules after 11 years of inactivity. The suit was set down for dismissal under Rule 227 of the High Court Original Side Rules.
The suit is dismissed under Rule 227 of the High Court Original Side Rules for manifest neglect.
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.2819 OF 1998
Zilajit Mishra.
Versus
Shivshankar Vishwakarma.
Ms.Veena Gupte i/b. Pandey & Co. for the Plaintiff. None for the Defendant.
CORAM : DR. D.Y. CHANDRACHUD, J.
July 14, 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.
Zilajit Mishra
Shivshankar Vishwakarma
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
