1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHS/1782/2009 IN SUIT NO.3552 OF 2006 Girish G. Gala ...Plaintiff Vs. M/s.Time Plast ...Defendants. Mr.K.M. Vark with Mr.M.P.Jagani for the Plaintiffs. None for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 11th January, 2010. P.C.- 1 The plaintiffs have taken out this chamber summons to set aside the exparte 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 in paragraphs 8, 10, 12, 14, 15 and 16, 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 2 mistakes or negligence on the part of the Advocate. Even if disputed, still 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.)