1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMONS FOR JUDGMENT NO.303 OF 2007 IN SUMMARY SUIT NO.1252 OF 2007 Abbasbhai Mohammedbhai Rangwala and another ..Plaintiffs. Vs. Mrs. Jayshri Mukesh Gotecha and another ..Defendants. ..... Mr. Subodh A. Joshi i/b Nandlal Kothari & Sabir for the Plaintiffs. Mr. Dipen Merchant i/b Aruna Singh for Defendant No.1. Mr. O.S. Kutty with Ms. Sarika Deshpande i/b M/s. Haresh Mehta & Co. for Defendant NO.2. .... CORAM: DR. D.Y. CHANDRACHUD, J. 1st February, 2008. P.C. : The Summary Suit is instituted on the basis of the promissory note at Exhibit A executed by the spouse of the First Defendant who expired on 29th September, 2006. The promissory note was alleged to be executed on 17th December, 2005 and states that the consideration of Rs. 3 lacs was paid to the deceased in cash. The First Defendant has in her reply denied the signature and the fact that any consideration was received. 2 In the rejoinder the Plaintiffs have not disclosed their accounts or the source from which the payment of Rs.3 lacs was made in cash. Triable issues arise. Insofar as the Second Defendant is concerned, he is not even a signatory to the promissory note. Unconditional leave is accordingly granted to the Defendants to defend the suit. Written statement to be filed within a period of six weeks from today.