High Court of Bombay dismissed a summary suit filed in 1986 for want of prosecution after noting that no summons for judgment was taken out and no party appeared.
Suit dismissed for want of prosecution; Plaintiffs entitled to refund of Court-fees if any.
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1
ndm
25 ss.1783.86
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1783 OF 1986
Star Industrial and Textile Enterprises Limited Vs.
Shree Ganesh Dyeing and Printing Works and ors
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.
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.
1 issue framed by the court
Whether the suit should be dismissed for want of prosecution due to lack of summons for judgment.
Star Industrial and Textile Enterprises Limited
Shree Ganesh Dyeing and Printing Works
P. C.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
