-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3989 OF 1993. Bank of India. ..Plaintiff. Versus Mr. V. L. Desai & Anr. ..Defendants. Mr. Ajay Khaire i/b M/s. M. S. Bhodhanwala & Co., for the plaintiff. Coram : R. V. MORE, J. Date : January 25, 2010. P. C. : 1. This suit is filed under the provisions of the Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs. 1,25,286/- with further interest thereon @2.5% per month. The writ of summons was issued and handed over to the plaintiff on 1st March 1994. This writ of summons was served on the defendants in the year 1994 only. Inspite of this position, the plaintiff has not taken any steps for filing summons for judgment. The suit was placed on board on 5th January 2010. On that day, none appeared on behalf of the plaintiff and therefore this Court passed following order. “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.1,25,286/-. The writ of summons is served on the defendant and the appearance is also filed thereafter by the defendant in the year 1993 only. In spite of this position, the plaintiff has not taken out summons for judgment. Today nobody appears on behalf of the plaintiff. Office is directed to place the matter on 12th January 2010 under the caption “dismissal” for non- -: 2 :- compliance of provisions of Rule 227 of the Bombay High Court Original Side Rules, 1980.” 2. The suit was thereafter placed on board on 12th January 2010 under the caption “dismissal”. However, at the request of the learned counsel for the plaintiff same was adjourned to 25th January 2010. Today, the learned counsel for the plaintiff could not give any reasons for failure to file Summons for Judgment till date. Suit is therefore dismissed for want of steps under Rule 227 of the Bombay High Court (Original Side) Rules, 1980 (R.V. MORE, J.)