Dismissal of a summary suit for want of prosecution due to failure of plaintiff to suggest judgment or take out summons, invoking Rule 227 of Bombay High Court Rules.
Suit dismissed for want of prosecution.
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1
ndm
20 ss.1627.86
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1627 OF 1986
M/s. C. Doctor and Company Private Limited Vs. Jatin A. Sheth
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders
None appears 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 1986, 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
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
