The Bombay High Court dismissed a suit for non-appearance of plaintiffs on the date of hearing, citing Order IX Rule 3 CPC, and vacated any interim relief granted earlier in the suit.
Suit dismissed; interim or ad-interim relief, if any granted earlier, stands vacated.
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.
17-S2152-91.DOC
agk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2152 OF 1991
Mrs. Betty Kapadia & Anr.
Versus
M/s. Magna Publishing Co. Ltd. & Ors.
…Plaintiffs
…Defendants
None for the Plaintiffs.
None for the Defendants.
CORAM: G.S. PATEL, J DATED: 1st July 2014
PC:-
1.A notice has been issued on the printed board, as also on the
High Court Website, to the effect that, when a suit listed,
irrespective of the caption under which it appears, if none appears
for the Plaintiff/s when the matter is called out, the suit will be
dismissed.
2.The names of the Plaintiffs and their Advocates are correctly
shown. None appears when the matter is called out. The suit is
dismissed under Order IX Rule 3 of the Code of Civil Procedure,
1908. Interim / ad-interim relief, if any, granted earlier in any
interlocutory proceedings in this suit, shall stand vacated forthwith.
(G. S. PATEL, J.)
1 of 1
1 issue framed by the court
Whether a suit continues validly when neither the plaintiffs nor their advocates appear on the date of hearing.
1 provisions across 1 enactments
Mrs. Betty Kapadia & Anr.
M/s. Magna Publishing Co. Ltd. & Ors.
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court