Petitioner approached High Court via writ petition seeking dismissal of suit under Order 39 Rule 11 CPC due to respondents' failure to deposit Rs.15,000 as commissioner charges. Court held that petitioner may file fresh application for merits.
Petitioner directed to file fresh application; writ petition disposed of.
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W.P.No.190/12
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.190 OF 2012
Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.
Court's or Judge's orders
Mr.K.S.Bhore, advocate for the petitioner.
CORAM : S.V.GANGAPURWALA,J.
Date : 11.01.2012.
PER COURT :
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W.P.No.190/12
Commissioner, still, the same were not deposited. Now it is more than a year, the Respondents have failed to comply the order. As such the provisions of Order 39 Rule 11 are attracted. According to the learned counsel, there was no impediment for the Respondents to abide by the orders passed by the Court. If no action is taken as prayed then the provisions of Order 39 Rule 11 of the C.P.C. would become redundant.
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W.P.No.190/12
costs.
(S.V.GANGAPURWALA,J.)Dt.11.01.2012. asp/office/wp190.12
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W.P.No.190/12
3 issues framed by the court
Whether a writ petition regarding dismissal of a suit under Order 39 Rule 11 CPC for non-deposit of commissioner's charges is maintainable when a fresh application can be filed.
Whether the High Court should decide on the application to dismiss suit when the trial court had granted time to comply with deposit order.
What is the appropriate course of action when respondents fail to deposit commission charges within specified time.
1 provisions across 1 enactments
Petitioner
Respondents
S.V.Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court