1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 696 OF 2009 IN SUMMONS FOR JUDGMENT NO. 341 OF 2007 IN SUMMARY SUIT NO. 1456 OF 2007 Mehernosh Jehangirji Palia .. Plaintiff V/s Minoo Hormasji Palia & Anr. .. Defendants Mr.B.H. Vyas for the defendants-applicants in support. Mr.V.J. Shah i/b Mr.C.N. Mehta for the plaintiff. CORAM : D.G. KARNIK, J. DATE : 5TH MAY 2009 P.C. : 1. This chamber summons is taken out by the defendants for condonation of delay of 231 days in filing affidavit in reply to the summons for judgment. 2 2. In para 1 of the affidavit in support of the chamber summons, the applicant has stated that his advocate was ill and was suffering from retinal problem and thereby it was difficult for him to read. He continued to suffer from retinal problem till January 2009. Hence, there has been a delay in filing of the reply to the summons for judgment. 3. Learned counsel for the defendants is personally present in Court and states that he was so ill. I have no reason to disbelieve his statement. 4. In the circumstances, the chamber summons is allowed but in view of the contest subject to payment of cost of Rs.500/-. The costs shall be paid forthwith. 5. The summons for judgment be placed on board on 16th June 2009. (D.G. KARNIK, J.)