The High Court dismissed a summary suit filed in 1998 under Order XXXVII CPC for manifest neglect by the plaintiff to take out summons for judgment, pursuant to Rule 227 of the Original Side Rules.
Suit dismissed 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.5015 OF 1998
Sundex Process Engineers Pvt. Ltd. ...Plaintiff. Vs. Pawan Proteins (India) Ltd. ...Defendant. .... None for the Plaintiff. None for the Defendants.
...Defendant.
CORAM : DR.D.Y.CHANDRACHUD, J.
August 31, 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 27th 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.
1 issue framed by the court
Whether the suit filed under Order XXXVII of the CPC should be dismissed due to manifest neglect.
DR.D.Y.CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
