LAWS(BOM)-2007-4-27

BANK OF BARODA Vs. DEEPAK RAGHUVIR WAGLE

Decided On April 03, 2007
BANK OF BARODA Appellant
V/S
JYOTI DEEPAK WAGLE Respondents

JUDGEMENT

(1.) OPPOSITE party has been duly served. However, none appears for the defendants when the matter is called out.

(2.) BY this motion, plaintiff prays that the order passed by the Prothonotary and Senior Master on 11th December 2006, dismissing the suit for default be set aside and the suit be restored to the file. The impugned order passed by the prothonotary and Senior Master reads thus :

(3.) ON the plain language of this Rule, it is obvious that the plaint can be rejected for non removal of office objections and not for default of advocates or parties to appear before the prothonotary and Senior Master when the plaint is placed under caption 'direction'.