1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.8479 OF 2004 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Umesh Mankapure for the petitioner. CORAM : ANOOP V. MOHTA, J. DATED : 01.12.2008 P.C. The cause of action, according to the petitioner, arose in the year 1962. The Suit is of the year 1972. The other respondents/defendants were served. As there was no written statement, an exparte decree came to be passed on 3.3.1997. Thereafter the present application under section 5 of Limitation Act for setting aside exparte decree passed against them is taken out. As observed, it is not the case that they were not served at all. In May, 1997, when they came to know 2 about the said decree, as notice of attachment was served upon them, they moved this application. The only question at present is whether there is a sufficient cause or case is made out to condone the delay. The Court has earlier only passed the order and proceeded without written statement against them. It is not the case that they were not at all served. The service of other defendants in no way can be said to be the reason to wait for their turn to take steps after service of summons. Once there is no written statement order, I see there is no reason to grant any relief as prayed by the petitioner on that ground. The learned counsel for the petitioner also makes statement that as C.R.A. was filed and later on writ petition was filed. Even otherwise, the basic amount involved in the matter is 3 about Rs.5,000/-. The exparte decree is of March, 1997. The impugned order is dated 14.6.1999. The present petition is of 2004 and pending till this date. Taking all this into account, I see there is no reason that any case is made out by the petitioner to interfere with the impugned order. The petition is dismissed accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]