High Court dismissed a summary suit filed in 1998 that had been set down for dismissal under Rule 227 of the High Court Original Side Rules due to the plaintiff's manifest neglect and failure to comply with procedural rules by not taking steps for summons for judgment.
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.894 OF 2003
Patiraj S. Yadav Vs. Bansnarayan B. Yadav
..Plaintiff
..Defendant
Mr. M. S. Pandey for the Plaintiff Mr. J. D. Singh for the Defendant
CORAM: DR. D.Y. CHANDRACHUD, J.
15th September, 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 31st
August, 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.)
3 issues framed by the court
Whether a summary suit filed in 1998 without any steps taken for taking out summons for judgment should be dismissed under Rule 227 of the High Court Original Side Rules due to manifest neglect.
Whether the plaintiff is liable for failure to comply with Chapter XIV of the Rules.
Whether the suit should be set down for dismissal in the absence of compliance with statutory provisions.
2 provisions across 2 enactments
Patiraj S. Yadav
Bansnarayan B. Yadav
D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
