1 SSK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 10 OF 2010 IN SUMMONS FOR JUDGEMENT NO.334 OF 2005 IN SUMMARY SUIT NO. 359 OF 2005 ALONGWITH APPEAL NO. 11 OF 2010 IN SUMMONS FOR JUDGEMENT NO.330 OF 2005 IN SUMMARY SUIT NO.120 OF 2005 Vinod Ratilal Shah .....Appellant Versus Dinesh Prataprai Mehta ......Respondent Mr. Vinod R. Shah, Appellant present in person. Mr. Pankaj Das for Respondent. CORAM : D. K. DESHMUKH & R. V. MORE, JJ. DATED : 29TH APRIL, 2010. P.C.: Both theses appeals challenge the order passed by the learned Single Judge, granting leave to defend the summary suit. In view of the law laid down by the Supreme Court in the case of Shah Babulal Khimji Vs. 2 Jayaben D.Kania & Anr. reported in AIR 1981 SC 1786, the order granting leave to defend does not amount to a judgment within the meaning of clause 15 of the Letters Patent and therefore, the appeals cannot be entertained. Both the appeals are dismissed as such. (D. K. DESHMUKH, J.) (R. V. MORE, J.)