1 nm-203 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.203 of 2010 IN Summary Suit No.2320 of 2008 Lalit Mithalalji Jain .. .. Plaintiff v/s. Saikripa Jewellers & anr. .. .. Defendants Mr.H.V. Chande for Plff. Mr.S.A.Bhagwat i/by Nagi & Associates for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 22nd July, 2010 P.C. : 1.This Notice of Motion is taken out for setting aside the ex-parte decree dated 16.4.2009 passed in the above Summary Suit. Upon filing of the suit, since it was a Summary Suit, the Defendants were required to file their appearance within 10 days. That was the first step required to be taken by the Defendants in the suit. The vakalatnama of the Defendants, which is their appearance, has not been filed. The Defendants contend that it was filed. Advocate on record of the Defendants contends that it was filed. The Court as well as the Advocate of the Defendants personally have checked up the records of the case. The vakalatnama 2 nm-203 has not been found. The statement of the Defendants as well as their Advocate goes only that far. 2.There is no circumstantial evidence of the vakalatnama being filed either. The Advocate on record has not produced any letter or praecipe written to the Court along with any acknowledgment of the Court, showing the filing of the vakalatnama. The Advocate on record has also not intimated the Plaintiff s Advocate stating that the appearance is entered and the vakalatnama is filed. The rules in that behalf are, therefore, completely breached. The circumstantial evidence, if any, is, therefore, completely absent. 3.It is seen that despite the service of the writ of summons effected, the Defendants have not filed their vakalatnama. Hence, the ex-parte decree, which is passed, cannot be faulted. 4.For the Defendants to have the decree set aside, the Court must see the special circumstances. The first of the special circumstances is seen to be completely misconceived. No case on merits is even shown by the Defendants. 5.The Notice of Motion is dismissed. Execution shall proceed. 3 nm-203 (SMT.ROSHAN DALVI, J.)