- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1373 of 2007 IN SUIT NO. 4661 of 1993 Dr. k.K.Khanna & anr. ...Plaintiffs V/s. Mr. Vijay Bahadur Bhalla & anr. ...Defendants Dr. K.K.Khanna present in person Mr.C.M. Jha for defendants CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J 22nd July, 2008 P.C. P.C. P.C. . The exparte decree has been passed since the defendants did not file the written-statement after being represented by their Advocate and after the Vakalatnama of Advocate was filed, the Suit was placed on Board of "undefended suits". The defendants have applied to set aside the decree. The decree is passed under the provisions of Order VIII Rule 10 of the Civil Procedure Code. The defendants, therefore, must file an appeal from the said order. . Consequently, there shall be no order in this notice of motion. No order as to costs. - 2 - (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J)