1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 4352 OF 2008 IN SUIT NO. 382 OF 1982 Peter Kuruvilla & Ors. .. Plaintiffs Vs. Navin J. Sequeira & Ors. .. Defendants Mr. K. K. V. Kurup for the Plaintiffs. CORAM : MRS. R. S. DALVI, J. DATE : 31st March, 2010. P.C. The plaintiffs have served defendant Nos.1 & 2 this Notice of Motion under certificate of posting on 18.03.2010. There is no affidavit-in-reply filed by any of the defendants. This Notice of Motion is for setting aside the order of dismissal passed on 12.02.2007. Written Statement has been filed by defendant Nos.4 & 5. Defendant Nos.1, 2 & 3 have not filed Written Statement. Issues have also been framed with shall have to be answered as between the plaintiffs and defendant Nos.4 & 5. Since the service of Notice of Motion is effected and the plaintiffs are required to be heard on merits, the reason for the plaintiffs not attending to the matter as set out in the affidavit of service of the plaintiffs is accepted. The Notice of Motion is made absolute in terms of prayer Clause (a) & (b). Since the issues have been framed, the plaintiff shall file their affidavit of 2 examination-in-chief. The plaintiffs’ Advocate shall give notice of this order to the defendants. The suit shall be placed on board for further directions required to be passed on plaintiffs’ affidavit of examination-in-chief on 15th June, 2010. (R. S. DALVI, J.)