Order 1

Order Details: Notice of Motion
Pdf Text: Adv. A. L. Gore for plaintiff present.
None present for defendants.
Heard plaintiff advocate on NM.
Order on Notice of Motion No. 897/18
Ld. counsel for the plaintiff submitted that the suit was dismissed by the Hon'ble High Court as the
plaintiff failed to remove the office objection. The plaintiff tendered Notice of Motion No. 226/14
before the Hon'ble High Court. The Hon'ble High Court recalled the order and set aside and
restored the suit to the file. He would submit that due to enhancement of pecuniary jurisdiction of
City Civil Court, the suit was transferred from the original jurisdiction of Bombay High court to this
court before its registration. He would submit that the predecessor of this court dismissed the suit
for not removing the office objection. He further submitted that as the plaintiff was unaware of the
office objection taken out by the Registry of this Court and therefore same was not removed. He
pointed out that office objection taken out by the office are technical.
On perusal of the record it appears that the Hon'ble High Court allowed the Notice of
Motion No. 226/14 and restored the suit. Before the registration of the suit, the suit was transferred
to the the City Civil Court. The Registry of this Court has taken the objection on the count that
“scrutiny sheet not annexed and title is not proper”. From the record it nowhere reflect that the
plaintiff was apprised about the objection. The predecessor of this court dismissed the suit for want
of prosecution as the plaintiff was negligent in prosecuting the suit claim. It appears that the
objection putforth are mere technical and on that count the substantial right of the parties should not
be affected. Considering the same, the order dismissing the suit is recalled and set aside.
Consequently the suit is restored on file. Plaintiff is directed to remove the objection within a
period of three weeks from today. Notice of Motion No. 897/2018 is disposed of accordingly.
Adjourned for compliance to 8.7.2019.
Judge
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