This notice of motion was taken out by the plaintiff to recall an order of dismissal passed for want of prosecution due to the absence of the plaintiff and his advocate. The court held it was a fit case to recall the order.
Recall of the order of dismissal dated 13.01.2010 and restoration of the suit 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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17.nms.1530.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1530 OF 2014 IN
SUMMARY SUIT NO. 2302 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.
2 In the affidavit in support, the plaintiff-applicant has explained that he 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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17.nms.1530.2014.doc
(K.R. SHRIRAM, J.)
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Shraddha Talekar PA
1 issue framed by the court
Whether the order of dismissal by this Court for want of prosecution can be recalled.
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
