The court dismissed a Summary Suit under Order XXXVII CPC filed in 2003 due to the plaintiff's manifest neglect and failure to comply with rules. The suit was set down for dismissal under Rule 227 as no steps were taken to take out the Summons for Judgment.
The suit was dismissed under Rule 227 of the High Court Original Side Rules for manifest neglect.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
SUMMARY SUIT NO.906 OF 2003
ICICI Bank Ltd. Vs.
Shakir Ansari
Mr. Dipankar Das i/b M.V. Kini & Co. for the Plaintiff. None for the Defendant.
CORAM: DR. D.Y. CHANDRACHUD, J.
16th September, 2009.
P.C. :
The Summary Suit under Order XXXVII of the Code of Civil Procedure was filed in 2003. 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.
1 issue framed by the court
Whether a Summary Suit filed in 2003 and in which no steps were taken to take out Summons for Judgment should be dismissed for manifest neglect under Rule 227.
2 provisions across 2 enactments
ICICI Bank Ltd.
Shakir Ansari
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
