1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.2026 OF 2009 IN SUIT NO.411 OF 2007 Seema S. Zagade and Ors. ...Plaintiffs Vs. Dattaram R. Zagade and Ors. ...Defendants ----- Mr.R. T. Shinde for Plaintiffs Mr. M.S. Lad for Defendants ----- CORAM: V.M. KANADE J. DATED: 2ND MARCH, 2010 1. Heard the learned Counsel appearing on behalf of the Plaintiffs and the learned Counsel for the Defendants. 2. This Chamber Summons is taken out by the Defendant No.1 for recalling the order dated 24.9.2008. It is stated in the affidavit in support that the Defendant No.1 is 66 years old and is a heart patient and is not keeping good health and, therefore, he could not remain present before the Prothonotary and Senior Master on 24.9.2008. 2 3. On the other hand, the learned Counsel for the Plaintiffs submitted that the Defendant No.1 has filed a criminal complaint before the Metropolitan Magistrate,27th Court at Mulund and has further submitted that the Defendant No.1 has appeared before the said Court on earlier dates. He also submitted that the writ of summons was served on the Defendants on 23.4.2007. 4. I have perused the Roznama of the Magistrate Court and it does not appear that the Defendant No.1 had appeared regularly in the said Court. However, in the interest of justice, taking into consideration the age of the Defendant No.1, in my view, one more opportunity should be given to the Defendant No.1 to file his written statement subject to payment of cost. 5. Chamber Summons is, accordingly, allowed. the order dated 24.9.2008 is set aside. The Defendant No.1 shall file his written statement within four weeks from today. The Defendant No.1 to pay the costs to the Plaintiffs, which is quantified at Rs.2,500/-. Chamber Summons is, accordingly, disposed of. (V.M. KANADE J.)