The High Court of Bombay dismissed the suit for non-appearance of the plaintiffs after the matter was listed on two occasions, noticing the absence despite names and advocates being correctly shown.
Dismissal of the suit under Order IX Rule 3 CPC; any interim relief granted earlier shall stand 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.
5-S-5363-98.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 5363 OF 1998
Laxmichand D. Shah Shah and others.
Versus
Mid-Day Publications Ltd. and others.
…Plaintiffs
…Defendants
None for the Plaintiffs.
None for the Defendants.
CORAM: G.S. PATEL, J DATED: June 19, 2014
PC:-
1.The suit was listed last week when, too, none appeared for
the plaintiffs. It was stood over today. Once again none appears for
the plaintiffs.
2.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.
1 of 2
5-S-5363-98.DOC
3.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.)
2 of 2
1 issue framed by the court
Whether a suit should be dismissed when no appearance is made by the plaintiffs after due notices were issued.
1 provisions across 1 enactments
Shah and others
Mid-Day Publications Ltd. and others
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court