:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1214 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.A.S.Khandeparkar i/by. M/s.Khandeparkar and Associates, Adv. for the petitioners. Mr.Bhushan Walimbe, Adv. for respondent no.1. CORAM: S.C.DHARMADHIKARI, J. DATED: 24TH MARCH, 2008. P.C. P.C. P.C. : : : 1. Heard learned counsel appearing for the parties. Perused the impugned order. 2. The said order has been passed upon an objection raised by the Suprientendent of Court of Civil Judge Senior Division, Oros. The objection is that the subject suit cannot be registered as a Summary suit. :2: :2: :2: 3. The Learned Judge without any Application being made by any Opponent/Defendant to the Suit, acted upon the Report and held that the suit itself is not maintainable as a Summary Suit. With greatest respect, the matter of registration of a Suit as a Summary Suit is something which the Superintendent may consider, but, when the said Report is forwarded to the Learned Judge, the least that was expected from the Learned Judge was to direct the Registry of his court to register the Suit subject to any objection with regard to its maintainability being open. Thereafter, the Learned Judge should have followed the procedure prescribed under Order 37 of the Code of Civil Procedure. 4. At the stage of registration of suit, it was not permissible to pass the impugned order. In such circumstances, the order under challenge is set aside. The suit of the plaintiffs would be registered as a Summary suit but, subject to the objection of its :3: :3: :3: maintainability being kept open. Without prejudice to the rights and contentions of the Original Defendant to the suit to raise objections with regard to the maintainability of the Suit as a Summary Suit, the same is directed to be registered as such. The registration be done within a period of 10 days from the date of receipt of a copy of this order. Thereafter, the Registry of the Trial Court to proceed in accordance with Order 37 of CPC. Needless to state, that the Original Defendant having filed his appearance/Vakalatnama, the plaintiff would be at liberty to take out and serve a Summons for Judgment on the Defendant in accordance with Order 37 of the CPC. Petition disposed off. No costs. ************