TATA (U) Ltd v Neem Cosmetics Ltd (Civil Suit No 0766 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where parties fail to appear when a suit is called on for hearing, constituting failure to take steps necessary to advance the case, the court may exercise its discretion under Order 17 rule 4 of the Civil Procedure Rules to dismiss the suit forthwith. The suit, filed in 2019 and forming part of case backlog, was dismissed for non-appearance by both parties.
Outcome
Suit dismissed for failure of parties to appear at hearing
Facts
The suit was filed in 2019. The matter was cause listed and the cause list widely circulated. Hearing notice was issued via ECCMIS. When the matter was called on for hearing, neither the plaintiff nor the defendant appeared. The suit had been pending since 2019 and formed part of the court's case backlog.
Issues
- Whether the court should dismiss the suit where both parties failed to appear when the matter was called on for hearing.
Orders
- Suit dismissed pursuant to Order 17 rule 4 of the Civil Procedure Rules.
Rules and key headnotes
Legislation cited (1)
- Civil Procedure Rules O.17 r.4
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.