1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2253 OF 2008 IN SUIT NO.1391 OF 2005. Pankaja Sudhir Shah and anr. : Plaintiffs. Versus Kalpana Shashi Gopal and ors. : Defendants. Mr.N.N.Amin i/by N.N.Amin & Co. for the Plaintiffs Ms.Nityoah S Mehta i/by Nityoah Suneel & Associates for Defendant No.2. Mr.Rajesh Patil i/by Leena Patil for Defendant No.4. CORAM : R.M.SAVANT, J DATED : NOVEMBER 25, 2008 P.C. 1. By the above Notice of Motion, the Defendant No.2 seeks the following reliefs :- (a) That the order passed by the 2 Ld.Prothonotary and Senior Master dated ½/2008 be modified and set aside vis-a-vis the Defendant No.2 herein; (b) That the Plaintiffs and Advocate for the Plaintiffs be directed to furnish a copy of the Plaint and proceedings in Suit No.1391 of 2005 either to the Defendant No.2 or her Advocates. (c) That time be given to file Written Statement by the Defendant No.2 and the same be taken on file and record. 2. Since the Defendant No.2 did not file her Written Statement within the time stipulated, the matter had appeared before the learned Prothonotary and Senior Master for Direction on1/2/2008 on which date the learned Prothonotary and Senior Master passed the following order :- “No W/S is filed by defts 2 & 3.Suit as against defendants 2 & 3 transferred to the list of 3 Undefended Suits” 3. The Defendant No.2, in her Affidavit in support of the above Notice of Motion, has cited the reasons as to why the Written Statement could not be filed. It is the case of the Defendant No.2 that though the writ of summons was served, the copy of the Plaint was not served upon the Defendant No.2. The Plaintiffs being the sisters of Defendant No.2 had also not apprised her of the development in the above suit. It is further the case of the Defendant No.2 that only after the Plaintiffs had filed the Notice of Motion No.3268 of 2006 in Suit No.2697 of 2006 that the Defendant No.2 made efforts about the status of the above suit. It is then that she became aware that the suit is to be proceeded against her as “Undefended Suit” and, therefore addressed a letter to the Advocate for the Plaintiffs seeking copies of the Plaint and other relevant documents. 4. The learned counsel for the Plaintiffs states that without 4 going into the issue as regards whether the copy of the Plaint is served or not, he has no objection to furnish copy of the Plaint to the Defendant No.2 and states that the same would be done within a period of one week from date. 5. In my view, the reasons cited in the Affidavit in support of the Notice of Motion deserve acceptance for setting aside the order dated 01/02/2008 passed by the learned Prothonotary and Senior Master. 6. The above Notice of Motion is accordingly made absolute in terms of prayer clauses (a), (b) and (c). The Defendant No.2 to file her Written Statement within six weeks of the receipt of the Plaint from the learned counsel for the Plaintiffs. The Defendant No.2 to pay costs of Rs.1,000/- to be paid to the Maharashtra Legal Aid Services Authority within four weeks from date. The Notice of Motion is accordingly disposed of. 5 [R.M.SAVANT, J]