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2014 Supreme(Bom) 901

ROSHAN DALVI
Emirates Islamic Bank – Appellant
Versus
Chandra Dev Narain Singh – Respondent


Advocates Appeared:
For the Plaintiff:Shivani Khanna, Adv. i/b. FZB & Associates, Advocates.
For the Respondents:D1, D2 & D4, Yogeshwar Bhate, Advocate.

Judgment :

1. The plaintiff has taken out this Chamber Summons for condonation of delay of 4495 days in filing Summons for Judgment in the above Summary Suit and to allow plaintiff to file a Summons for Judgment and place it for hearing. The defendants have opposed Chamber Summons and have contended that the suit be dismissed. The plaintiff has sued for recovery of certain monies under a foreign judgment passed by the Court in Dubai. The plaintiff has taken out various interim applications in the suit but not a Summons for Judgment. The plaintiff claims that in 2005 the plaintiff has changed its advocate and due to inadvertence not filed the Summons for Judgment.

2. The delay is of about 13 years in taking out Summons for Judgment. It is indeed a gross delay. It would have to be seen whether it can be condoned or not.

3. It may be mentioned that there is no time limit by way of period of limitation set out either in Order 37 of the CPC or in the High Court Original Side Rules (Rules) to take out Summons for Judgment within a specified time. Plaintiff who is otherwise entitled, has to take out Summons for Judgment within a reasonable time of the filing of the suit. Even if the Summ





















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