1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1319 OF 2007 Suresh Ramprasad Sharma ..... Plaintiff. V/s Shanti K. Sharma & Ors. ...... Defendants. ------ Mr. H.R. Sharma for the plaintiff. CORAM: V.M. KANADE, J. DATE : 12th SEPTEMBER, 2008 P.C.: 1. Heard the learned Counsel for the plaintiff. None appears on behalf of the defendants, though they are served. Plaintiff has filed an affidavit of service dated 7/12/2007. Report of the bailiff indicates that defendant Nos. 1 and 2 did not accept the service and, therefore, a copy of the plaint and the writ of summons was affixed on the outer door of their place of residence. Thereafter, an order for substituted service was passed on 18/12/2007 for serving defendant Nos. 3 and 4 and, consequently, defendant Nos. 3 and 4 were served by pasting a copy of the writ of summons alongwith the plaint on the outer door of defendant Nos. 3 and 4. A further affidavit of service has been filed by the plaintiff dated 28/3/2008. Both the affidavits of service are taken on record and marked Exhibit-A collectively. 2. Plaintiff has filed a summary suit for recovery of an amount of Rs 3,00,000/-. Plaintiff has filed a list of the original 2 documents alongwith the original documents. The same is taken on record and marked as Exhibit-B collectively . The defendants have not file their appearance despite service of writ of summons. Plaintiff is, therefore, entitled for a judgment and decree in view of the provisions of Order XXXVII Rule 3(6)(a) of the Code of Civil Procedure, 1908. 3. Accordingly, the suit is decreed and the defendants are ordered to pay a sum of Rs 3,00,000/- with interest @ 6% per annum from the date of filing of the suit till the date of realization or payment. 4. The suit is disposed of in the aforesaid terms. Refund of court fees be paid in accordance with the rules. 5. Issuance of certified copy is expedited. (V.M. KANADE, J.) 3