The court dismissed a summary suit filed in 1997 for manifest neglect and failure by the plaintiff to comply with procedural rules by taking no steps for summons for judgment.
The suit is dismissed under Rule 227 of the High Court Original Side Rules.
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.439 OF 1998
M/s.Bharat Commerce and Industries Ltd. ...Plaintiff..
Vs.
M/s.Sajjan Textiles Mills Ltd.
...Defendant.
.... None for the Plaintiff. None for the Defendant.
CORAM : DR.D.Y.CHANDRACHUD, J.
June 25, 2009 . P.C.
The Summary Suit under Order XXXVII of the Code of Civil Procedure
was filed in 1997. 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 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.
1 issue framed by the court
Whether a summary suit filed in 1997 should be dismissed for non-compliance with procedural rules.
1 provisions across 1 enactments
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
