- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3879 OF 1993 Dena Bank .. Plaintiff vs M/s Majas Medical & General Stores . Defendants .. None present CORAM: R.V.MORE,J DATED: November 24, 2009 P.C. 1. The above suit is filed under the provisions of Order XXXVII Rule 2 of the C.P.C. for recovery of an amount of Rs.1,54,074.65. The writ of summons was issued on 28.10.1993 to the plaintiff. Record of the suit does not disclose whether the defendants are served or not. However, defendant no.1 has put in appearance through a lawyer. The plaintiff has not filed service affidavit in respect of defendant no. 2. Though defendant no.1 has filed his appearance in the month of February 1995, the plaintiff has not taken any steps for filing the Summons for judgment. 2. The Suit appeared on board on 17.11.2009 under caption ‘Directions’ No one appeared on behalf of the plaintiff and therefore this Court passed - 2 - following order : . The writ of summons are served upon the defendants and defendants have put their appearance in the aforesaid suit. However, the Plaintiff has not taken any action as contemplated under Rule 227 of the Original Side Rules, 1980. Today also, none appears on behalf of plaintiff. However, by way of one more chance,one week’s time is granted to the Plaintiff. The office is directed to place the suit under the caption of “Dismissal” on 24th November, 2009. 3. Today, none appears on behalf of the plaintiff, the suit is therefore, dismissed for non compliance of the provisions of Rule 227 of the Original Side Rules, 1980, R.V.More, J - 3 -