1 app255.08.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 255 OF 2008 IN SUMMARY SUIT NO. 431 OF 2004 WITH NOTICE OF MOTION NO. 1979 OF 2008 Hari Sri Ramaiah .....Appellant Vs. M/s. Shroff Publishers & Distributors Pvt. Ltd. ......Respondent Ms. Deepa Ahuja i/by M/s. Wadia Ghandy & Co. for the Appellant. Mr. C.R. Mestry for the Respondent CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA, JJ. DATE : 8th MARCH, 2011. P.C.: By this Appeal, the Appellant challenges the order dated 28 th April, 2008 passed by the learned Single Judge in Summary Suit No. 431 of 2004. By that order, the learned Single Judge has passed a decree, though there was a claim for set off made and the learned 2 app255.08.sxw ssm Single Judge herself has framed an issue as to the jurisdiction of the Court to try the suit and that the suit is barred by the law of limitation. 2 In our opinion, as there is a claim for set off and on the basis of the written statement issues regarding jurisdiction of the Court and power of the Court to entertain the suit are raised. Part of the claim could not have been decreed by the learned Single Judge. In this view of the matter, the following order would meet the ends of justice- The order dated 28 th April, 2008, impugned in the Appeal is set aside. The suit is remitted back to the learned Single Judge for trial and decision in accordance with law. 3 Appeal is accordingly disposed of. No order as to the costs. (ANOOP V. MOHTA, J.) (D.K. DESHMUKH, J.)