- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3874 of 2007 IN SUMMARY SUIT NO. 158 of 2004 Danjibhai N. Babaria ...Plaintiff V/s. Deepak Mahadev Jadhav & anr. ...Defendants Mr. Ramesh Jain for the plaintiff Mr. P.B.Kakade a/w Mr. R.r.Galange for defendant nos. 1 & 2. CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J 16th July, 2008 16th July, 2008 16th July, 2008 P.C. P.C. P.C. . This Notice of Motion is taken out by the defendants for setting aside the exparte decree dated 8-9-2004 passed in this Suit and the Execution levelled thereunder. The reason for taking out the Notice of Motion is stated to be non-service of the Writ of Summons. 2. The original Writ of Summons shows the Bailiff’s endorsement of service made on 27-2-2004 upon both the defendants personally. The reverse of the original Writ of Summons shows the signatures of both the defendants. The affidavit in support of the Notice of Motion has been signed by defendant no.2. The signature on the - 2 - affidavit in support of the Notice of Motion and signature on the Writ of Summons of defendant no.2 is identical. The Writ of Summons is, therefore, clearly served upon both the defendants as per the notings of the Bailiff. I find no reason to disbelieve the notings with regard to the service upon both the defendants by Bailiff. The entire Notice of Motion and the affidavit is seen to be false. Notice of Motion dismissed. Execution shall proceed. (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J)