1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3443 OF 2008 Rajabai G. Gadge ....Plaintiff Versus Raman Palani Appan ....Defendant Mr. Ramesh Jain, Advocate for the Plaintiff. None for the Defendant. CORAM : R. V. MORE, J. DATE : 24th FEBRUARY, 2010. P.C. : The above suit is filed by the Plaintiff under the provisions of Order 37 Rule 2 of the Code of Civil Procedure, 1908 for recovery of an amount due under Demand Promissory Note dated 2nd February, 2008 at Exhibit "A" to the Plaint. Inspite of notice, the Defendant failed to pay the amount under the above promissory note to the Plaintiff. 2. The writ of summons alongwith true copy of the plaint is served upon the Defendant and affidavit of service to that effect is also filed. Despite that, the Defendant has failed to enter appearance in the suit. 2 3. The Plaintiff has filed compilation of documents i.e. original copy of the Demand Promissory Note dated 2nd February, 2008 and notice dated 26th June, 2008. Both the documents supports the Plaintiff's case. 4. The Defendant having failed to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2 (3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in principal sum of Rs. 1,00,000/- upon which the Plaintiff would be entitled to interest at the rate of 12% p.a. from the date of filing of the suit till realisation thereof. 5. Court fees to be refunded as per the Rules. Sd/- (R. V. MORE, J.)