SRJ chs-886-09-s-102-07.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.886 OF 2009 IN SUIT NO.102 OF 2007 WITH NOTICE OF MOTION NO.411 OF 2010 IN SUIT NO.102 OF 2007 Sundaribai R. Badsiwa .. Plaintiff V/s. Pramod S/o. Late Ramgopal & Ors., .. Defendants. Mr.A.M.Saraogi, for Plaintiff Mr.P.R.Kadam, for Defendant Nos.3 & 4. CORAM : V.M.KANADE, J.. DATE : 15th FEBRUARY, 2010. P.C. : 1] Heard learned counsel appearing on behalf of the Plaintiff and Defendant. Chamber Summons has been taken out by the Plaintiff for setting aside the order dated 2nd September, 2008 passed by the Prothonotary and Senior Master, dismissing the suit for want of prosecution and for restoring the suit as well as the Notice of Motion. The counsel appearing on behalf of the Defendant Nos.3 and 4 has opposed the relief claimed by the Plaintiff in the Chamber Summons. He SRJ chs-886-09-s-102-07.sxw 2 states that the delay in taking out the present Chamber Summons may be condoned. 2] I heard the Plaintiff and Defendants. For the reasons stated in the Affidavit in support, the delay of 251 days in taking out Chamber Summons is condoned. 3] The learned counsel appearing for the Plaintiff has drawn my attention to the order passed by the Prothonotary and Senior Master. He states that the Prothonotary and Senior Master has observed that there is no record to show that whether the Defendant has been served or not. He further states that the said observation is incorrect, since the counsel for the Defendant Nos.3 and 4 has filed their Vakalatnama and Defendant Nos.8 to 11 have been appearing before this Court through Advocate V.R.Tripathi. 4] It is apparent that the observations made by the Prothonotary and Senior Master is not correct. The order, therefore, deserves to be re-called. Chamber Summons accordingly is allowed in terms of prayer clauses (a) and (b) and Notice of Motion is restored to file. (V.M.KANADE,J. )