1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.4784 OF 2009 M/s.Suraj Construction Co. and others ...Petitioners vs. Anil A. Manwani ...Respondent Mr.P.D.Dalvi for the petitioner CORAM :A.S.OKA,J. DATE : JULY 27, 2009 P.C. 1 The petitioners are the defendants. The respondents filed a summary suit invoking Order XXXVII of the Code of Civil Procedure,1908. An objection was raised by the petitioners-defendants to the maintainability of the said suit as a summary suit. An application was made by the respondent-plaintiff seeking permission to convert the suit into a regular suit. The said application has been allowed by the impugned order. 2 The submission of the learned counsel for the petitioners-defendants is that the trial court had no power to allow conversion of the summary suit into a regular suit. 3 After having considered the submission made by the learned counsel for the petitioners, I find that there is no reason to interfere with the impugned order. There is always a power vesting in the court to treat a summary 2 suit as a regular suit. There is no prejudice to the petitioner as they have already filed the written statement and they will be entitled to contest the suit. JUDGE