The High Court dismissed a Summary Suit filed in 1998 for failure to take out Summons for Judgment, holding it to be a case of manifest neglect under Rule 227 of the High Court Original Side Rules.
The suit is dismissed for manifest neglect and failure to comply with the provisions of Chapter XIV of the Rules.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO.405 OF 2003
Rasiklal N. Khandhar ..Plaintiff
Vs.
Smt. Hasina Khan ..Defendant
None present for the parites
CORAM: DR. D.Y. CHANDRACHUD, J.
DATE: 10th September , 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, where no steps have been taken for Summons for Judgment, should be dismissed for manifest neglect and failure to comply with Chapter XIV of the Rules.
2 provisions across 2 enactments
Rasiklal N. Khandhar
Smt. Hasina Khan
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
