In a summary suit concerning finance, the court dismissed the plaintiff's suit under Order 9 Rule 5 CPC due to failure to prove service of summons after a decade of inactivity and absent affidavit of service.
Suit dismissed under Order 9 Rule 5 CPC due to failure to prove service of summons.
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.
1
abs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 483 OF 1999
Shantilal Chotalal & Co.
.. Plaintiff
V/s
Netwest Finance Ltd. & Anr.
.. Defendants
Ms. Usha Rahi i/b Mayur Narendra & Co. for the plaintiff.
CORAM : D.G. KARNIK, J.
DATE : 5th MAY 2009
P.C. :
2
there is no record of service of writ of summons on the defendant. In any event, the plaintiff has not filed affidavit of service of writ of summons on the defendant.
for service of writ of summons on the defendant. The counsel for plaintiff has reported no instructions.
Code of Civil Procedure.
2 issues framed by the court
Whether the plaintiff satisfied the requirement of proving service of summons under Order 9 Rule 5 CPC despite condonation of delay inlodgement.
Whether the plaintiff had exhausted steps for service of writ of summons after a delay of 10 years.
2 provisions across 2 enactments
Netwest Finance Ltd.
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
