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KARNATAKA HIGH COURT
M. NAGAPRASANNA, J
MR.C.GANESH NARAYAN – Appellant
Versus
M/S. COMMON THREADS PARTNERSHIP FIRM – Respondent
| Table of Content |
|---|
| 1. background of the dispute over loan and repayment (Para 1 , 3) |
| 2. petitioner argues for correct issuance of summons for summary trial (Para 4 , 5 , 6) |
| 3. court's analysis of procedural requirements under order xxxvii (Para 7 , 8 , 10) |
| 4. judicial interpretation of summary trial procedures (Para 9) |
| 5. final order to quash previous summons and revert to correct procedure (Para 13 , 14) |
CAV ORDER
The petitioner/plaintiff is before this Court calling in question an order dated 22-02-2025 passed by the XXIV Additional City Civil & Sessions Judge, Bengaluru in O.S.No.7263 of 2024, whereby the concerned Court issues regular suit summons instead of summary suit summons. The form in which the summons is issued has become the fulcrum of the subject lis.
2. Heard Sri Dhananjay V. Joshi, learned senior counsel appearing for the petitioner and Sri S. Srivatsa, learned senior counsel appearing for the respondents/defendants.
3. Facts, in brief, germane are as follows: -
The petitioner/plaintiff is engaged in the business of gems and jewellery. 1st defendant is a partnership firm and other defendants are its partners. The partnership firm is engaged in the business of manufacturing and
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