1 ss631-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.631 OF 2009 Purnima Udeshi .. Plaintiff Versus Sagar Sarang & Anr. .. Defendants Mr.Jain i/b. Tushar Goradia for plaintiff. CORAM : S.C.DHARMADHIKARI, J. 5th September 2011. P.C.: 1] Mr.Jain learned Counsel appearing for plaintiff states that the plaintiff has complied with all the requirements so as to obtain an ex parte decree. He states that the conditional order passed on the Summons for Judgement has not been complied with. There is non deposit certificate issued by the Prothonotary & Senior Master, evidencing non compliance with this order. He further states that all original documents are produced. Mr.Jain, therefore, prays that a decree be passed in terms of Order XXXVII of C.P.C. 2] I have perused the earlier order and the non deposit certificate so also the documents filed which are stated to be true copies of the 2 ss631-09.doc original filed in the Metropolitan Magistrate, 7th Court, Dadar, which, Mr.Jain on instructions makes a statement, are copies of the originals filed in the said Court and that court has duly certified the same as true copies. Mr.Jain also invites my attention to the stamp of the said Court. In the light of the fact that the suit was filed as a summary suit and that on an application made seeking leave to defend, a conditional order was passed but finding that the same is not complied with, the plaintiff is entitled to a decree in terms of Order XXXVII of C.P.C. 3] I am satisfied that the suit claim is within jurisdiction of this Court and that it is not barred by the Law of Limitation. For all these reasons, there will be a decree as prayed. Certificate of Non deposit issued by Prothonotary & Senior Master is taken on record and marked “X” for identification. The True copies of original documents are also taken on record and marked as “X-1” for identification collectively. Advocate’s cost as per rules. Refund as per rules. Suit is decreed as prayed. (S.C.DHARMADHIKARI, J)