EMIRATES ISLAMIC BANK Vs. CHANDRA DEV NARAIN SINGH

JUDGEMENT

(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.) THE Court considered Rule 227 in this behalf. The defendant also has relied upon Rule 227 and the judgment of the Single Judge of this Court in a case in which since the Summons for Judgment was not taken out for 8 years the suit was dismissed. The learned Judge in that case also referred to Rule 227.