The High Court of Judicature at Bombay dismissed a suit for default on the untimely absence of the plaintiff, invoking Order IX Rule 3 of the CPC. The court further disposed of associated chamber summonses.
Suit dismissed under Order IX Rule 3 CPC; interim relief vacated; chamber summonses disposed of.
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.
23-S4338-94+.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.4338 OF 1994
WITH
CHAMBER SUMMONS NO.1 OF 1995
AND
CHAMBER SUMMONS NO.4 OF 1995
Tata Chemicals Limited and Another
..Plaintiffs.
Versus
Central Share Services and others
..Defendants.
None for the Plaintiffs.
Mr. Dhaval Patil i/by K. Ashar & Co., for the Defendants.
CORAM : G.S. Patel, J. Monday, 24th February 2014.
P.C. :
1.The suit is listed for directions today. A notice has been issued on the
printed board, as also on the High Court Website, to the effect that from 10th
February 2014, when suit/s listed under the caption for directions are called
out, if none appears for the plaintiff/s, 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
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23-S4338-94+.DOC
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.
3.In view of dismissal of the suit, nothing survives in either of the chamber
summons. Both are disposed of accordingly.
2 of 2
1 provisions across 1 enactments
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court