1 SJ127.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. SUMMONS FOR JUDGMENT NO. 127 OF 2010 IN SUMMARY SUIT NO. 1865 OF 1999 Biharilal T. Bajaj . ... Plaintiff v/s 1. J.S.Desai & Co. 2. Chandrakant Desai 3. Milind Desai ... Defendants Mr.Ranjan Kumar Dwivedy for the plaintiff. None present for the defendants. CORAM: R.M. SAVANT, J. DATED: 7TH APRIL, 2011 P.C.: 1. The above summary suit has been filed in the year 1999. The plaintiff had filed summons for judgment being Summons for Judgment No.1119 of 1999 which was withdrawn by him with liberty to file a fresh summons for judgment after giving inspection of the documents. It appears that the suit has been filed without annexing the bill 2 SJ127.10 of exchange. It is the case of the plaintiff that thereafter the bill of exchange has been traced on 14.9.2009 and the plaintiff had called upon the defendants to take inspection of the said documents. It is relevant to note that though liberty was granted to the plaintiff to file fresh summons for judgment, the instant summons for judgment has been filed only in March, 2010. The learned counsel for the plaintiff is not in a position to state as to when the earlier summons for judgment was allowed to be withdrawn. It will have to be presumed that it was some time in the year 1999 or 2000, the instant summons for judgment has been filed after a period of ten years. It therefore cannot be entertained under Rule 227 (2) of the Bombay High Court (Original Side) Rules. 3. The summons for judgment is accordingly dismissed. (R.M.SAVANT, J.) 3 SJ127.10