-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 261 OF 1993 Dena Bank. ..Plaintiff. Versus M/s. Canfab Enterprises. ..Defendant. Mr. A. R. Bamne for the plaintiff. Coram : R. V. MORE, J. Date : February 15, 2010. P. C. : 1. The above suit is filed under the provisions of Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs. 3,13,595/- with further interest. The writ of summons was issued and handed over to the plaintiff on 18th February 1993. However, till date the plaintiff has not served the defendant. The suit was placed on board on 6th January 2010 and on that day this Court passed following order. “This Summary Suit is filed under the provisions of Order XXXVII Rule-2 of the CPC. The writ of summons was issued to the plaintiff on 18.2.1993. However, the plaintiff till today has not filed an affidavit disclosing whether the defendants are served or not. In that view of the matter, office is directed to place the above suit under the caption “dismissal” under Rule 227 of the Bombay High Court (O.S.) Rules, 1980.” 2. Today the suit is placed on board under the caption “dismissal under Rule 227 of the Bombay High Court (O.S.) Rules, 1980”. Learned counsel for the plaintiff could not give any explanation for non service of writ of summons. In that view of the matter suit is dismissed for non compliance of provisions of Rule 227 of the Bombay High Court (O.S.) Rules, 1980. (R.V. MORE, J.)