The court dismissed a summary suit filed under Order XXXVII CPC in 1998 for manifest neglect and failure to take steps for summons for judgment, invoking Rule 227 of the High Court Original Side Rules.
The suit is 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.918 OF 1998
M/s. Sigma Coatings Pvt. Ltd. Vs.
Ravindra V. Karambalkar
..Plaintiff.
..Defendant.
None present for the parties.
CORAM: DR. D.Y. CHANDRACHUD, J.
29th June, 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 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 1998 should be dismissed for manifest neglect and failure to comply with rules.
Whether the suit, after no steps taken for summons for judgment, is liable to dismissal under Rule 227.
2 provisions across 2 enactments
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
