In a writ petition, the High Court allowed the petitioner's prayer for restoration of a suit dismissed against respondent no.2 due to inability to serve summons after their relocation.
Set aside the impugned order dismissing the suit and allowed the petition for restoration in terms of Prayer Clause (a).
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.
12-WP-6561-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6561 OF 2012
RAGHUNATH NAMDEV DUSANE )...PETITIONER V/s. SMT.UTTAMBAI TRIMBAK SHELAR & ORS. )...RESPONDENTS
Mr.N.R.Bubna, Advocates for the Petitioner.
CORAM: SMT.R.P.SONDURBALDOTA, J. DATE : 2nd JULY, 2014.
P.C. :
1 By the order dated 19th July, 2012, notice was issued to the respondents with a specific note that the writ petition may be heard and disposed of finally at the stage of admission. Notices, accordingly, have been served upon the respondents. They are absent, despite service of notice.
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12-WP-6561-2012
2 The order impugned in the petition is order dated 21st June, 2012, by which, the trial court dismissed the suit against respondent no.2 because the petitioner had failed to take steps for service of summons since the date of return of summons on 10th October, 2011.
3 Mr.Bubna, learned advocate for the petitioner, submits that there were difficulties in tracing the present address of respondent no.2, after he shifted to Surat. The first address that was found by the petitioner was again changed, and that is the only reason why the steps for service could not be taken. The petitioner, having found the present address of respondent no.2, seeks restoration of the suit against respondent no.2.
4 Considering the facts of the case, the impugned order needs to be set aside. Hence, the petition is allowed in terms of Prayer Clause (a).
(SMT.R.P.SONDURBALDOTA, J.)
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1 issue framed by the court
Whether the writ petition allowing restoration of a suit dismissed for failure in service of summons is maintainable in civil appellate jurisdiction?
Raghunath Namdev Dusane
Smt. UttambaI Trimbak Shelar
Smt. R. P. Sundurbaldota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
