IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1083 OF 2008 IN SUIT NO.197 OF 2004 Yagyanarayan R. Yadav ...Plaintiff Vs. Suryanarayan Ramlakhan Yadav ...Defendant Mr.Jagdish R. Chomal for Plaintiff None for Defendant CORAM: SMT.ROSHAN DALVI, J. DATED: 16 TH SEPTEMBER, 2008 P.C. 1. This Suit was initially filed in the City Civil Court, Mumbai. Notice of Motion in the Suit came to be heard on 1 st October, 2003. Order on the Notice of Motion came to be passed making it absolute in terms of prayer clause (a). The Defendant in this Suit waived service. The Plaintiff was seen not to have valued the Suit correctly. The Plaintiff was directed to revalue the Suit. The Plaintiff revalued the Suit and filed it in the High Court, which was a proper Court of pecuniary jurisdiction . 2. The service of Writ of Summons was already waived, hence no fresh writ of summons was required in the High Court. Only notice upon the Defendant would be required to be given in the High Court Suit. 3. The Plaintiff's Advocate remained under the belief that because the service of the writ of summons has been waived the Suit will appear in normal course in any Court. However, it appeared before the Official Assignee and came to be dismissed on 13 th February, 2008. The order of dismissal deserves to be set aside. The Suit is required to be heard on merits upon notice to the Defendant. 4. The Defendant has not filed written statement. Hence, the Plaintiff's Advocate shall give notice to Defendant as well as Defendant's Advocate of this order. 5. The Defendant shall file his written statement within 60 days from today. 6. Suit to appear on board on 8th December, 2008. (SMT. ROSHAN DALVI, J.)