ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.4109 OF 2007 PETITION NO.4109 OF 2007 PETITION NO.4109 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Niyaz Ahmed for the Petitioner. Mr.A.H.Palekar, AGP for the State. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 20th October, 2008. : 20th October, 2008. : 20th October, 2008. P.C. P.C. P.C. . The Petitioner’s Original- Plaintiff’s suit was dismissed for want of prosecution as summons was not served. In view of this, the Chamber Summons as well as Notice of Motion were also dismissed under Order IX Rule 2 of the Code of Civil Procedure. Against the said order dated 22/07/2005 and the Notice of Motion was taken on 05/08/2005, within limitation without any delay. However, on 08/06/2006 the said Notice of Motion was rejected. That resulted into dismissal of this ( 2 ) suit for all the purposes. The First Appeal filed against the said order was rejected on 24/07/2006 as not maintainable and also the Appeal against Order on 1st March, 2007 as liberty was granted, the Petitioner moved this Writ Petition. 2. Considering the averments made and in the interest of justice, I am inclined to grant the prayers. The Notice of Motion is, therefore, accordingly, allowed. The suit is restored to file. The Petitioner-Plaintiff to take steps on or before 01/12/2008 as a last chance to serve the Respondent, if they are not already served. 3. The Petition is, accordingly, allowed. ( 3 ) [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]