vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2132 OF 2007 NOTICE OF MOTION NO.2132 OF 2007 NOTICE OF MOTION NO.2132 OF 2007 IN SUIT NO.2935 OF 1993 SUIT NO.2935 OF 1993 SUIT NO.2935 OF 1993 Mohan H. Varma & Ors. ... Plaintiffs V/s. Chandrashekhar Babu Shetty & Ors. ... Defendants Mr.M.J. Pabari for Plaintiffs None for Defendants CORAM: S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. DATED: FEBRUARY 2, 2009 FEBRUARY 2, 2009 FEBRUARY 2, 2009 P.C.: P.C.: P.C.: . Learned advocate for the plaintiffs seeks leave of the Court to drop Defendant No.1 and to renumber Defendant Nos.2 to 6 as Defendant Nos.1 to 5. Plaintiffs are allowed to drop Defendant No.1 and carry out amendments as sought during the course of the day. 2. This Motion is taken out on 30.5.2007 for condonation of delay in taking out the Motion and for setting aside the order dated 16.11.2006 dismissing the suit and for restoration of the said suit. 3. I have perused the order of dismissal passed by S.K. Shah, J. on 16.11.2006. From the order, it appears that none appeared for the defendants as well. Since the matter was called out twice and none appeared for the plaintiffs, the suit was dismissed for default. The learned advocate for the plaintiffs points out from : 2 : the affidavit in support of the Motion that when the matter was called out, his then advocate failed to remain present in Court and that the plaintiffs should not suffer because of the default on the part of their advocate. The plaintiffs have served the above Notice of Motion on the defendants and have filed an affidavit proving service dated 29.1.2009. However, none appears for the defendants. In view of the above, it would be in the interest of justice to set aside the order of dismissal of the suit and allow the plaintiffs to pursue their suit on merits against the defendants and no prejudice would be caused to the defendants who chose to remain absent when the suit was earlier dismissed and who are even today not present in Court. 4. In view thereof, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). Place the suit on Board for directions on 24.2.2009. The plaintiffs to give notice to all the defendants alongwith a copy of the amended plaint alongwith a copy of this order by Registered Post A/D as well as by Courier. 5. S.O. to 24.2.2009 (S.J. KATHAWALLA, J.)