JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---This suit is filed for realisation of an amount of Rs. 66,850/- from the defendant who admittedly executed the suit promissory note Exh. "O" dated 10th December, 1991 for the amount of Rs. 50,000/- The defendant has filed a reply contesting the plaint claim. Apart from that he disputes the suit claim on the ground that he has already paid all the amount to the plaintiff, defendant has raised a contention that the plaintiff failed to comply with the time frame prescribed under the Rule 227 of the High Court of Judicature at Bombay, Original Side Rules which reads as under:

"If the plaintiff does not apply for a decree within six months after the filling of the plaint, the suit shall be set down for dismissal on the board of the Judge in chambers. The Prothonotary and Senior Master shall notify on his notice board the date on which the suit is to be so set down and he shall do so at least eight days before such date. If the plaintiff is appearing in person, the Prothonotary and Senior Master shall give notice of the date to the plaintiff by sending a letter to him by post under certificate of posting."

2.In view of the above clause, the defe

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