This judgment dismisses a Summary Suit filed in 1998 under Order XXXVII of the CPC after finding manifest neglect by the plaintiff in failing to institute steps for obtaining a summons for judgment, in compliance with Chapter XIV of the Rules.
Discussed dismissal of the suit 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.4615 OF 1998
Lalita Girdhar Bajaj ..Plaintiff
Vs.
Nisha Radheshyam Agarwal & Anr.
..Defendants
None present for the parties.
CORAM: DR. D.Y. CHANDRACHUD, J.
29th 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 20th
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.
(Dr. D.Y.Chandrachud, J.)
2 issues framed by the court
Whether the summary suit is liable to be dismissed for non-institutional compliance under Rule 227 of the High Court Original Side Rules.
Whether manifest neglect by the plaintiff warrants dismissal of a Summary Suit under Order XXXVII.
2 provisions across 2 enactments
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
