Case Note & Summary
The dispute arose in Suit No. 816 of 1989 between Tata Engineering and Locomotive Co. Ltd. as the plaintiff and The Deccan Co-operative Urban Bank Ltd & Anr. as defendants. The court noted that a writ of summons had been served to the first defendant, while the status of the second defendant's service was still pending verification. The court referred to an earlier order dated 09th October 1992, which indicated that the suit had already been decreed. The registry was instructed to confirm whether the suit remained pending and to report back by the next scheduled date. The matter was set for further directions on 12th November 2008, emphasizing the need for clarity regarding the suit's status following the prior decree.
Headnote
A) Civil Procedure - Service of Summons - Verification of Service - Code of Civil Procedure, 1908 - The court directed the registry to verify the service of summons to the second defendant and report on the status of the suit, which was previously decreed. Held that clarity on the suit's status is necessary for further proceedings (Paras 1-2).
Issue of Consideration
Whether the suit is pending despite a prior decree.
Final Decision
The court directed the registry to verify the service of summons to the second defendant and report on the status of the suit, which was previously decreed.
Law Points
- Civil procedure
- service of summons
- decree confirmation
