1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.3025 of 2008 In Suit No.227 of 1984 Mrs.Escloses Francis Rodrigues & ors. ... Plaintiffs v/s. Mrs.Hansa K. Dedhia & ors. ... Defendants Plaintiff No.4 present in person. None for Defendants. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 15 th September, 2008 P.C. : 1. This Notice of Motion has been taken out by the Plaintiffs for restoration of the earlier Notice of Motion No.1996 of 2005, which was dismissed on 14.12.2006. This Notice of Motion is served upon the Advocate of the Defendants by courier and by personal service. It has been received by the Advocate and/or the parties. It is the case of the Plaintiffs that their Advocate did not attend to the matter as required. Plaintiff No.4, who is present in Court, has stated that the parties themselves could not attend to the matter. Plaintiff Nos.1, 2 and 3 are his father, mother and brother, who are all stated to have expired during that period. Plaintiff No.4 has produced their Death Certificates. 2 2. The Plaintiffs' case deserves to be heard on merits. As a valid reason for non- appearance is made out, the Notice of Motion is made absolute as prayed. The earlier Notice of Motion is restored to the file and adjourned to 30 th September 2008. 3. The Plaintiffs shall give notice of this order to the Defendants and/or their Advocates. [SMT.ROSHAN DALVI, J.]