1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.744 OF 2009 Smt.Pushpa Sanjay Dolas ..Appellant V/s. Smt.Sunita Anand Shinde ..Respondent ---- Mr.R.A.Yadav for the appellant. ---- Coram : R.S.MOHITE,J Date : 29th July, 2009. PC 1 This is an appeal against an order passed by the City Civil Court in Notice of Motion taken out by the original defendant in Summary Suit No.5401 of 2005. The said summary suit was decreed on 21.6.2006. The present Notice of Motion was taken out after more than 2 & ½ years on 5.1.2009. On perusing the affidavit in support of the Motion, I find that there is no averment that he was not served with the summons to answer plaint. There is also no averment as to whether he had engaged any Advocate. In my view, prima facie, even on merits, ex-parte decree which has been passed several years ago, cannot be set aside. The order is not perverse and is not required to be interfered with in this Appeal. Hence, appeal stands rejected. (R.S.MOHITE,J) 2