1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHS/1577/2009 IN SUIT NO.4240 OF 2001 Mr.Ardeshir D. Mistry & ors. ...Plaintiffs. Vs. Ms.Putli Keki Vakharia & ors. ...Defendants. Mr.S. P. Bharati i/b. I. A. Siddique for the Plaintiffs. Mr.Kamlesh Tiwari for Defendants 1 and 2. Mr.A.K.Saxena for defendants 4, 5 and 6. CORAM :- ANOOP V. MOHTA, J. DATED :- 10th December, 2009. P.C.- 1 The plaintiff has taken out this chamber summons as the Master and Prothonotary (Judicial) has by order dated 29th July, 2009 dismissed the Suit by the following order: "P.C. None present on behalf of the plaintiff. On 16th June, 2009 as well as on 14th July 2009 no-one was present on behalf of the plaintiff. Suit dismissed for default." 2 Admittedly the matter was not listed under the caption for dismissal or for want of any office objection to be removed by the plaintiff. It was listed for direction and basically for filing written statement. However, the 2 Suit was dismissed as none appeared on behalf of the plaintiff on that day and also on earlier two occasions. 3 This Court in Notice of Motion No.332/2007 in Suit No. 2108/1999-Bank of Baroda vs. Deepak R. Wagle & ors., on 03.04.2007, reported in MANU/MH/0200/2007 has clearly observed by interpreting Rule 986 of High Court (Original Side) Rules as under : "3 On the plain language of this Rule, it is obvious that the plaint can be rejected for non removal of office objections and not for default of Advocates or parties to appear before the Prothonotary and Senior Master when the plaint is placed under caption direction. 4 Apart from above, considering the averments made and as there is nothing to show that the plaintiff intentionally and/or deliberately not attended the proceeding. The averments and the reasons so referred in the supporting affidavit are also sufficient to consider the case of the plaintiff. 5 The learned counsel appearing for the defendants has objected. However, considering the above facts and the law, I am inclined to grant this chamber summons in terms of prayer (a). However, this is subject to costs of Rs.1,000/- each to be paid to the two groups of defendants preferably within two weeks. 6 The above chamber summons is accordingly disposed of. The Suit be placed before the Prothonotary and Senior Master for further directions. (ANOOP V. MOHTA, J.)