IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3601 OF 2006 SUMMARY SUIT NO. 3601 OF 2006 SUMMARY SUIT NO. 3601 OF 2006 Olga D’Souza D/o. Leo Anthony Serrao ...Plaintiff vs. Padmakar Vasudeo Mishra ...Defendant Mr.D.A. Barot for the Plaintiff. None for the Defendant. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : AUGUST 20, 2008 DATED : AUGUST 20, 2008 DATED : AUGUST 20, 2008 P.C. :- P.C. :- P.C. :- 1. Plaintiff has filed summary suit under Order XXXVII. The writ of summons was served on 2nd March, 2007. The defendants have not filed their appearance within 10 days of the service of writ of summons. In view of the provisions of Order XXXVII Rule 3 Sub-clause (6)(a), the plaintiff is entitled for a judgment forthwith. Rule (3) Sub-clause (6)(a) reads as under :- ORDER XXXVII SUMMARY PROCEDURE Rule 3 - Procedure for the appearance of defendant. (1) xxxxxxx (2) xxxxxxx - 2 - (3) xxxxxxx (4) xxxxxxx (5) xxxxxxx (6) At the hearing of such summons for judgment,- (a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or" 2. The plaintiff, therefore, is entitled for a decree in terms of prayer clause (a). Suit is accordingly decreed in the aforesaid terms. Suit is disposed of. Refund of Court fees as per Rule is permitted. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)