IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1207 OF 2008 IN SUMMONS FOR JUDGMENT NO.413 OF 2007 IN SUMMARY SUIT NO.88 OF 2007 John A. Gomes ....Plaintiff V/s. Mrs.Julie D. D’Souza ....Defendant Mr.M.C. Hegde with Ms.Jaya U. Pawar for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 2ND DECEMBER, 2009. P.C. :- 1. The Summons for Judgment appears to have been dismissed for default on account of the absence of the Plaintiff and his advocate on 11.3.2008. In the facts of the present case, the Plaintiff ought not to suffer the dismissal of the Summons for Judgment for default. Till then the matter has been prosecuted diligently at every stage. The Plaintiff has fairly stated that his advocate had informed him that he would be out of town during the period when the matter was dismissed. On the earlier date, the Plaintiff had himself seen the board. In the circumstances, the Plaintiff ought not to suffer on account of the solitary lapse. 2. In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (b). The Summons for Judgment to be on board on 11.1.2010. 3. The Notice of Motion is accordingly disposed of.