IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3196 of 2007. NOTICE OF MOTION NO.3196 of 2007. NOTICE OF MOTION NO.3196 of 2007. IN IN IN SUMMARY SUIT NO.2987 OF 2006. SUMMARY SUIT NO.2987 OF 2006. SUMMARY SUIT NO.2987 OF 2006. Ramchandra Gangaya Mergu & Anr. ..Plaintiffs versus Datta Gangaram Yelgi & Anr. ..Defendants Mr.E.A.Sasi for the Plaintiffs in support of Notice of Motion CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 11th December, 2008. DATED : 11th December, 2008. DATED : 11th December, 2008. P.C. 1. Defendants have remained absent and have not filed affidavit in reply despite service of notice of motion. 2. This motion is taken out to have order dated 17.04.2007 set aside, by which this suit was dismissed. He also prays for condonation of delay in filing the motion. 3. In my view, the motion can be granted in terms of the relief sought, on the count that the plaintiff’s advocate had to leave Bombay for some -2- urgent work and the plaintiff’s were not knowing about the date on which the matter came up on board. It is also required to be mentioned that the defendants have chosen not to oppose the motion. Hence the Order. ORDER . Motion is made absolute in terms of prayer clauses (a) and (b). . There shall be no order as to costs. . Summary Suit No.2987 of 2006 stands restored to the file of this Court. The same shall come up on board as per the normal course. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)