1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINRY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO. 181 OF 2007 IN SUMMONS FOR JUDGMENT NO. 456 OF 2006 IN SUMMARY SUIT NJO. 1447 OF 2005 Mr. Suresh M. Rasal ... Appellant. Vs. Jagdish Golani ... Respondent. Mrs. S.A.Dhamale for the appellant. CORAM : S.B.MHASE & A.A. SAYED, JJ. DATE : JULY 18, 2009. P.C. 1. Heard. 2. By this appeal, the order dated 12th January, 2007 passed by the learned Single Judge of this Court in Summons for Judgment No. 454 of 2006 is challenged, wherein the learned Single Judge of this Court has granted leave to defend the suit, having found that the case is made out by the defendants and further having found that the defendants who are the legal representatives have been directly added as party have not pleaded that the defendant is liable because he has inherited assets from his father which is more than the suit claim of the plaintiff. Without plaintiff making such claim, the plaintiff would not be entitled to claim a decree against the legal representatives of the original defendant. 2 3. Hence we do not find merit in the appeal. The appeal is therefore dismissed. [A.A.Sayed, J.] [S.B.Mhase, J.]