The Bombay High Court dismissed a summary suit for want of prosecution under Rule 227 of the Bombay High Court (Original Side) Rules, 1981, as the summons for judgment had not been taken out and no plaintiff appeared.
Suit dismissed for want of prosecution under Rule 227 of the Bombay High Court (Original Side) Rules, 1981.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO.985 OF 1990
The Laxmi Vishnu Textitle Mills Ltd. ...Plaintiffs
vs.
M/s.Jitesh & Co. ...Defendants
None for the plaintiffs
None for the defendants
CORAM :A.S.OKA,J.
DATE : JANUARY 7, 2011
P.C.:
1The suit is shown under the caption �Dismissal�.
The office noting shows that the summons for judgment has
not been taken out. None appears for the Plaintiffs.
This is a fit case where the power under Rule 227 of the
Bombay High Court (Original Side) Rules,1981 should be
exercised by dismissing the suit. Accordingly, the suit
is dismissed for want of prosecution.
JUDGE
1 issue framed by the court
Whether the suit should be dismissed for want of prosecution due to failure to take out summons for judgment.
1 provisions across 1 enactments
The Laxmi Vishnu Textile Mills Ltd.
M/s. Jitesh & Co.
A.S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court