1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summary Suit No.1567 of 2004 Dinesh Khimji Jitiya .. .. Plaintiff v/s. Kanji Bhikha Gohil & anr. .. Defendants Mr.R. Jain for Plaintiff. None for Defendants. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 4th August, 2008 P.C. : 1.The Suit is filed on Bill of Exchange dated 5.12.2002 for Rs.Two Lakhs. Defendant No.1 is the drawer of the Bill of Exchange. He has been served the writ of summons initially on 15.7.2004 through the Court' s Bailiff. However, he had not signed the Writ of Summons. The Plaintiff was directed to serve again. He has been served again through the Sheriff's Bailiff on 26.7.2004. He has signed the later Writ of Summons. He has failed to enter appearance. The Suit is decreed as prayed against Defendant No.1. Defendant No.2 is still unserved. The Plaintiff is allowed to withdraw the Suit against Defendant No.2. 2.2/3rd refund. [SMT.ROSHAN DALVI, J.] 2