1 mss NMS711 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 711 OF 2008 IN SUMMARY SUIT NO. 343 OF 2006 ARPAN CHOKSI .. PLAINTIFF Vs. SANTOSH SINGH .. DEFENDANT None for the plaintiff CORAM: S.C.DHARMADHIKARI, J. DATED: 5/12/2011 P.C. It is clear from the perusal of the record that this notice of motion has been moved in Summary Suit No. 343 of 2006. That suit has been decreed on 30/4/2007 ex parte. This notice of motion is moved by the defendant to set aside this ex parte decree. This is an order decreeing the plaintiff’s claim under Order XXXVII of the Code of Civil Procedure, 1908. 2. The notice of motion to set aside the ex parte decree is pending in this 2 mss NMS711 court from 22nd February, 2008. None is appearing on behalf of defendant. His advocate is also absent, although the name of the defendant and his advocate duly appear on the cause list. 3. In these circumstances, this motion is dismissed for want of prosecution. (S. C. DHARMADHIKARI, J.)