The High Court dismissed a summary suit filed in 1997 for manifest neglect. The court noted no steps were taken to take out Summons for Judgment, leading to a dismissal under Rule 227 of the High Court Original Side Rules.
Suit 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.602 OF 1998
Liberty Oil Mills Ltd. Vs.
Union of India & Anr.
...Plaintiff..
...Defendants.
.... None for the Plaintiff. Mr.S.R.Rajguru with Mr.N.R.Prajapati for the Defendants.
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.
2 issues framed by the court
Whether a summary suit filed in 1997 should be dismissed for non-compliance with procedural rules due to manifest neglect.
Whether the failure to take out Summons for Judgment constitutes sufficient grounds for dismissal under Rule 227 of the High Court Original Side Rules.
2 provisions across 2 enactments
Liberty Oil Mills Ltd.
Union of India
Anr.
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
