Chs1545.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1545 OF 2009 IN SUIT NO.3547 OF 2006 Rajesh Govindbhai Gala ...Plaintiff Vs. M/s. Time Plast & Ors. ...Defendants. Mr.Manish P. Jagani for the Plaintiff. None for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 25th JANUARY, 2010. P.C.- 1 The plaintiffs have taken out this chamber summons to set aside the ex-parte order dated 21.01.2008, passed by the Prothonotary & Senior Master, thereby the Suit was dismissed in default as the plaintiffs and her/his Advocates were absent. 2 Considering the avements made, I am inclined to grant this chamber summons in the interest of justice by condoning the delay also, as sufficient case is made out for condoning the delay. 3 It is settled that the plaintiffs/parties should not suffer because of mistakes or negligence on the part of the Advocate. Even if disputed, still Chs1545.09 2 that controversy itself is not sufficient to deprive the plaintiffs to contest and claim their rights in the Suit. 4 The defendants were not even served when the matter was dismissed. Some of the plaintiffs are senior citizens also. 5 Resultantly, the chamber summons is allowed in terms of prayers (a), (b) and (c). 6 No costs. (ANOOP V. MOHTA, J.)