The court discussed the cause list entry regarding the dismissal of the suit. Finding that summons for judgment was not taken and no one appeared for the plaintiffs, the court dismissed the suit for want of prosecution under Rule 227 of the Bombay High Court (Original Side) Rules.
The suit stood dismissed for want of prosecution.
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.
1
ndm
1 ss.1175.78
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1175 OF 1978
M/s. Laxmichand Bhagji Vs. M/s. Patel Construction (India) Private Ltd.
Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders
None for the parties.
CORAM : A.S.OKA, J. DATE : 05th January, 2011.
P.C.
The suit has been listed on the cause list under the caption “dismissal”. In this summary suit of the year 1978, summons for judgment has not been taken out by the Plaintiffs. None appears for the Plaintiffs. This is a fit case where powers of this Court under Rule 227 of the Bombay High Court (Original Side) Rules should be exercised by dismissing the suit. Accordingly, the suit stands dismissed for want of prosecution. The Plaintiffs will be entitled to refund, if any, of Court-fees as per rules.
[ A.S.OKA, J ]
3 issues framed by the court
Whether a suit where summons for judgment has not been taken by the plaintiffs is fit for dismissal under Rule 227 of the Bombay High Court Rules.
Whether the suit should be dismissed for want of prosecution.
Whether the plaintiffs are entitled to a refund of court-fees upon dismissal.
2 provisions across 2 enactments
M/s. Laxmichand Bhagji
M/s. Patel Construction (India) Private Ltd.
A.S. OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
