IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 802 OF 2007 NOTICE OF MOTION NO. 802 OF 2007 NOTICE OF MOTION NO. 802 OF 2007 in APPEAL (LODGING) NO.1080 OF 2006 APPEAL (LODGING) NO.1080 OF 2006 APPEAL (LODGING) NO.1080 OF 2006 IN CHAMBER SUMMONS NO. 1520 OF 2003 IN SUIT NO. 1111 OF 1980 Sajjan India Ltd. ... Appellant Vs. Ramchandra Gupta. ... Respondent Mr. K.P.Madhusoodanan Nair for appellant. Ms. Sucharita Patra for respondent. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & J.H.BHATIA,JJ J.H.BHATIA,JJ J.H.BHATIA,JJ. DATE : 26th July, 2007. DATE : 26th July, 2007. DATE : 26th July, 2007. P.C. P.C. P.C. 1. Assuming that there is sufficient cause shown for condonation of delay in filing the appeal, we have heard learned Counsel appearing for the appellant on merit. We find that what is challenged in this Appeal is an order passed by the learned Single Judge permitting the plaintiff to substitute the name of the defendant. In view of the Judgment of the Supreme Court in the case of Shah Babulal Khimji vs. Jayaben D. Shah Babulal Khimji vs. Jayaben D. Shah Babulal Khimji vs. Jayaben D. Kania and another Kania and another Kania and another, reported in (1981) 4 SCC 8, the order impugned does not amount to a judgment within the meaning of Clause 15 of the Letters Patent of the Bombay High Court, the Appeal is not maintainable. The Motion and the Appeal are disposed of. --- (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)