SRJ chs-1276-07-s-1072-95.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1276 OF 2007 IN SUIT NO.1072 OF 1995 Dilip M. Duhilani .. Plaintiff V/s. Smt.Sumitra Rani & Ors., .. Defendants. Mr.Jagdish Chawdhary i/b. M/s. Nankani & Associates, for Plaintiffs. Mr. Ahmed Abdi, for Defendants. CORAM : R.V.MORE,J. DATE : 18th FEBRUARY, 2010. P.C. : 1] Heard learned counsel for the Plaintiff and Defendants. This Chamber Summons is taken out by the Defendants for condonation of delay of 12 years occurred in filing their Written Statement. 2] Suit initially was filed in the year 1993 in the Bombay City Civil Court against husband of Defendant No.1 and father of Defendant Nos. 2 to 5. That suit was withdrawn for lack of jurisdiction and the present suit is filed in the year 1995. Meanwhile, the husband of Defendant No.1 and father of Defendant Nos. 2 to 5 expired in the year 1994. Thereafter, the suit was dismissed for SRJ chs-1276-07-s-1072-95.sxw 2 default in the year 2003 and was restored in the year 2005. The Defendant Nos.2 to 5 at relevant time were residing in Punjab and they were not aware about the pendency of the above suit. The above explanation given by the Plaintiff, in my opinion, deserves to be accepted and delay occurred in filing Written Statement deserves to be condoned, however, subject to some costs. 3] Accordingly, I disposed off the Chamber Summons by passing following order:- (a) Chamber Summons is allowed in terms of prayer clause (a) subject to payment of costs quantified at Rs. 2,500/- to be paid to the Plaintiff within the period of 4 weeks from the date of the order. (R.V.MORE, J. ) SRJ chs-1276-07-s-1072-95.sxw 3