: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.258 OF 2007 IN SUMMARY SUIT NO.1887 OF 2003 Chandra Gulab Advani ....Plaintiff V/s. Saraf Steel Corporation & Anr. ....Defendants Ms.Kavita Lalwani for the Plaintiff. Mr.R.S. Champawat for Defendant Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATED : 4TH FEBRUARY, 2008. P.C. : 1. The suit is filed to recover the amounts based on a bill of exchange drawn by Defendant No.1 and accepted by Defendant No.2. 2. The contention that the suit is not maintainable as the name of the proprietor is not mentioned is untenable in view of order XXX Rule 10 of the Code of Civil Procedure. 3. The payee under the bill of exchange is the Plaintiff and/or her husband (either or survivor). The Plaintiff’s husband has expired. : 2 : 4. The contention that the document is fabricated is without any substance. I have seen the original. There are no surrounding circumstances either which indicate that the words "either or survivor" were subsequently added. 5. In the circumstances there is no defence to the suit. The Summons for Judgment is made absolute and the suit is decree as prayed. Refund as per rules.