Dr. D.Y. Chandrachud, J. dismissed a summary suit for non-prosecution. The suit filed in 2003 had no steps taken to take out summons for judgment. The court held the plaintiff was in manifest neglect under Chapter XIV of the High Court Original Side Rules.
The suit is 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.983 OF 2003
ICICI Bank Ltd. Vs.
Pranav V. Kadam
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.
2 issues framed by the court
Whether a summary suit that has not been taken out against summons by the decree-holder should be dismissed for non-prosecution under Rule 227 of the High Court Original Side Rules
Whether the plaintiff's manifest neglect and failure shall attract the consequences specified under Rule 227 of the High Court Original Side Rules
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
