1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2892 OF 2009 Navratan S. Jain Plaintiff versus Sunil H.Save Defendant Ms.Desai i/by Nimish Desai for the Plaintiff. None for the Defendant. CORAM : S.J.KATHAWALLA, J. DATE : 25th February 2011 JUDGMENT : 1. Heard the learned counsel appearing for the plaintiff. The suit is placed on board under the caption "for ex-parte decree". The defendant has not entered appearance in spite of service of writ of summons. The original documents are placed on record. 2. In view of sub-rube (3) of rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree. 3. The suit is accordingly decreed in terms of prayer clause (a). The plaintiff shall be entitled to refund of court fees, if any, as per rules. (S.J.KATHAWALLA, J.)