BANK OF BARODA Vs. DEEPAK RAGHUVIR WAGLE

JUDGEMENT

(1.) This Review Petition has been placed before us pursuant to the order passed by the Hon'ble the Chief Justice.

(2.) The circumstances giving rise to the filing of this Review Petition are, Suit No.2108 of 1999 was filed Bank of Baroda. It appears from the record that the suit was fixed on the board of the Prothonotary & Sr.Master on 12-10-2006 for directions, because it was not clear whether the Plaintiff had effected service of writ of summons on the Defendants. On 12-10-2006, none appeared before the Prothonotary & Sr.Master, therefore, the matter was adjourned to 4-12-2006. The order reads as under:

(3.) It appears that the Notice of Motion No.332 of 2007 was taken out by the Plaintiffs for setting aside the order passed by the Prothonotary & Sr.Master dismissing the suit. That Notice of Motion was decided by a learned single Judge of this court (Hon'ble Mr.Justice A.M.Khanwilkar). The learned Judge held that the question that is required to be answered for deciding that Notice of Motion was whether the Prothonotary & Sr.Master has the power to dismiss the suit for default. The learned Judge after referring to the provisions of Rule 986 of the High Court (O.S.) Rules has held that,