: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO.1103 OF 2009 IN SUMMARY SUIT NO.1112 OF 2009 Philip K. D sa .. Plaintiff V/s. Vinaya L. Prabhu .. Defendant ..... Mr. G.K. Karkera for the plaintiff Mr. Rakesh Agarwal for the defendant ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 7th AUGUST, 2009. P.C. : 1. This suit is filed under Order 37 of the Civil Procedure Code. 2. Upon defendant being served with the writ of summons, he ought to have entered appearance within a period of 10 days from the date of receipt thereof. However, there is a delay of 19 days in entering the appearance and the reason thereof is the illness of the defendant. 3. In the facts peculiar to this case and considering that the statements made on oath are not denied, the chamber summons is allowed and made absolute in terms of prayer clause (a). Let the appearance be taken on record and the plaintiff can then proceed in accordance with law. (S.C. DHARMADHIKARI, J.)