The High Court of Bombay dismissed a summary suit for want of prosecution after a period of 14 years without service of summons, despite the plaintiff's insistence on continuing representation without forwarding papers.
Suit dismissed for want of prosecution.
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Nitin
925-SS-1977-2000
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1977 OF 2000
Space Financial Services … Plaintiff Versus
Krishna Plastochem Limited & Others … Defendants
Ms. Bhandari i/b. M/s. M.V. Kini & Company for Plaintiff
CORAM: S.J. KATHAWALLA, J. DATE: 19TH JUNE, 2014
P.C.:
states that they have since long returned the papers to the Plaintiff. However, the Plaintiff insists that they continue to represent the Plaintiff in the matter. However, till date the Plaintiff has not forwarded the
papers to their Advocates. From the record, it appears that since the last 14 years the Writ of Summons is not served on the Defendants. In view thereof, stand over to 19th June, 2014. It is clarified that in the event of the Advocate for the Plaintiff not having any instructions from the Plaintiff on that day, the Suit would be
dismissed”.
Nitin 2 925-SS-1977-2000 2. Despite the aforesaid order, the Learned Advocate appearing for the Plaintiff states that she is unable to get any instructions from the Plaintiff in the above Suit. In view thereof, the Suit is dismissed for want of prosecution.
( S.J.KATHAWALLA, J. )
1 issue framed by the court
Whether the suit was dismissible for want of prosecution due to non-service of summons and lack of plaintiff instructions.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
