1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY. ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4344 OF 2008 IN SUIT NO.3706 OF 2002 Arun Manrakhan Singh .. Plaintiff V/s Anil Manrakhan Singh & Anr. .. Defendants Mr.Bharat Patil i/by M/s.S.K.Legal Associates for the plaintiff. Mr.Sanjeev Pandey for Defendant No.2 in support of notice of motion. CORAM: R.G.KETKAR, J. DATE : 29th July, 2011. P.C.: 1. This notice of motion is taken out by Defendant No.2 for setting aside the order dated 06.10.2008 whereby the suit against Defendant No.2 was transferred to the list of undefended suit as also for permission for filing the written statement. 2. Heard learned counsel for the parties. In support of this notice of motion, Defendant No.2 has made an affidavit dated 28.12.2008. It is not in dispute that the suit was instituted in the year 2002 and the order dated 06.10.2008 records that the Defendant No.2 was served on 12.06.2008. Learned counsel for the plaintiff states that earlier the plaintiff was represented by another Advocate and the present Advocate entered his appearance in January, 2008 and thereafter took steps for effecting service. It is also not in dispute that Defendant No.1 has 2 already filed written statement opposing the suit. 3. After hearing the learned counsel for the parties and having regard to the fact that though the suit was instituted in the year 2002 the summons was served on Defendant No.2 only in June, 2008. Having further due regard to the reasons given in the affidavit in support of the notice of motion, which are not denied by filing reply, the motion deserves to be allowed. Hence, notice of motion is allowed in terms of prayer clause (a), with no order as to costs. 4. Learned counsel for Defendant No.2 states that within two weeks from today, he will file written statement and serve copy thereof on the other side. Statement is accepted. (R.G.KETKAR, J.)