S/931/1989 of LAXMIBEN V NAGDA Vs NAGSI MANEK NAGDA and ORS on 9 October 1992

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL SIDE JURISDICTION

SUIT NO. 931 OF 1989

Laxmiben V. Nagda .. Plaintiff.

V/s.

Nagsi Manek Nagda & Ors. .. Defendants.

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None for the parties.

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CORAM : A. S. OKA, J.

DATED : 21ST OCTOBER, 2008.

PC : -

PC : -

. The Registry has listed the suit under the caption "for direction".

2. Perusal of the file shows that on 9th of October, 1992 the suit was dismissed for want of prosecution. I

find that there is no endorsement on the docket of the suit that the same has been dismissed for want of prosecution. I find that several suits which are disposed off a decade back are being placed for direction before this court. This shows that for years together the Registry on the original side has not undertaken exercise of physical verification of the record of all the pending suits. Therefore, number of suits which are already disposed off have been shown as pending. It is, -: 2 :- therefore, necessary for the Registry to make physical verification of all the matters for ascertaining the respective stages at which the matters are pending so that the matters can be listed on Board under the appropriate captions.

3. A copy of this order shall be forwarded to the Registry General. The Registry to ensure that immediate steps are taken for physical verification of the pending matters on the original side.

4. The Registrar General will also note that the papers of the disposed of suit of the year 1989 have been filed in a new docket, which was introduced in the year

2008. Placing of the papers of a suit dismissed in the year 1992 in a new docket in the year 2008 shows total non-application of mind by the staff of the Registry.

(A.S. OKA, J.)