Suit dismissed after plaintiffs failed to appear on second listing. The court applied O. IX R. 3 CPC, vacated pending relief, and noted notice was given via board and website. No substantive hearing held.
Dismissal of suit pursuant to Order IX Rule 3 CPC following non-appearance of plaintiffs; interim relief vacated.
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7-S-5849-98.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 5849 OF 1998
Wipro Finance Ltd.
Versus
GSL India 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
7-S-5849-98.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 can be dismissed under Order IX Rule 3 CPC when the plaintiff fails to appear on the second notice.
1 provisions across 1 enactments
Wipro Finance Ltd.
GSL India Ltd. and others
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court