1 nms4288-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 4288 of 2008 in Suit No. 6123 of 1991 Mrs. Seema S.Ramchandramurthy .. Plaintiff v/s. Shri Adi Narayan Murthy & Ors. ..Defendants Mr.S.S.Redekar for the Plaintiff. Amit Ghate for the Defendant Nos.2, 3, 5, 6 and 7 CORAM : R.Y.GANOO, J. DATED : 18th January, 2011 P.C. : 1. Heard Advocates on both sides. Learned Counsel appearing for the plaintiff admitted that the suit came to be filed on 26.10.1999 and that it was admitted on 27.10.1999. He further admitted that till 26.11.2007 no steps were taken by the plaintiff to serve the defendants with the writ of summons. He conceded that by order dated 26.11.2007 the suit came to be dismissed for default. He prayed for restoration of the suit on the ground that for no fault of the plaintiff the matter came to be dismissed as according to him proper papers were handed over to the earlier advocate and that he failed to 2 nms4288-08.sxw take steps to serve the other side. I have perused the necessary record. In my view, though the plaintiff claims that she has handed over the papers to another Advocate, it was necessary for her to follow up with the concerned Advocate. Advocate Mr. Redekar stated that the brief changed hands from advocate to advocate and ultimately the writ of summons could not be served. 2. In my view, if for 8 years i.e. from the date of lodgment of the complaint from 1997 for some reasons or other if the plaintiff could not serve the writ of summons, which is first stage towards prosecution of the suit till 26.11.2007, I take it that the conduct of the plaintiff exhibits negligence and this is not the case where indulgence should be shown to the plaintiff by granting notice of motion. Hence following order is passed. ORDER i) Motion is dismissed. There shall be no order as to costs. [R.Y.GANOO, J.]