Justice K.R. Shriram allowed a notice of motion to recall an order dismissing a summary suit for want of prosecution. The court accepted that the 84-year-old plaintiff relied on his advocate who failed to inform him of the dismissal.
The order of dismissal dated 12.10.2009 is recalled and the suit is restored to file.
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.
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16.nms.1494.14 ss.2178.2003.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1494 OF 2014 IN
SUMMARY SUIT NO. 2178 OF 2003
Mr.Nandlal N. Dave .. Applicant/Orig.Pltff.
In the matter between :
Mr.Nandlal N. Dave .. Plaintiff Vs.
Mrs.V.N.Nandu
.. Defendant
Mr.P.S.Kulkarni i/b B.A. Vora for plaintiff/applicant.
None for defendant.
CORAM : K.R.SHRIRAM, J. DATE : 16TH JUNE, 2015
P.C.
is 84 years of age and he was dependent completely upon the advocate but his advocate never informed him about the status of the matter or that the suit was dismissed. The plaintiff has stated that he came to know about the dismissal of the suit only on or about 10.07.2014 and has taken out this notice of motion on 5.08.2014.
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Shraddha Talekar PA
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16.nms.1494.14 ss.2178.2003.doc
(K.R. SHRIRAM, J.)
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Shraddha Talekar PA
1 issue framed by the court
Whether the order dismissing the suit for want of prosecution due to default can be recalled on the grounds of the applicant's age and reliance on counsel.
Mr.Nandlal N. Dave
Mrs.V.N.Nandu
K.R.SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
