1 CHS.61.2011-S.1066.79.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 61 OF 2011 IN SUIT NO. 1066 OF 1979 Kaushalya Sampat of Bombay ...Plaintiff Vs. Kanta Wishwanath Kochar & Ors. ...Defendants And Randhir Kochar & Ors. ...Respondents Mr. Kirit Mody a/w. Mr. Rakesh M. i/b. S.Mohammadbhai & Co., for Plaintiff Mr. Ashwin Shete i/b. Khaitan & Jayakar for Defendants Ms. Nidhi Aggarwal i/b. Law Charter for Defendant No.2 CORAM : SMT. ROSHAN DALVI, J. DATED : 14TH JUNE, 2011 P.C. : 1. The Chamber Summons is to bring the heirs of the deceased Defendant No.1A and 1E on record. The heirs of Defendant No.1A are already on record. The heirs of Defendant No.1E are his two minor children. The cause of action would survive to his two minor children. The wife of Defendant No.1E was divorced and hence, the cause of action would not survive to her and she is not to be brought on record. 2. The Chamber Summons is allowed in terms of prayers (a) and (c) with modification to the schedule showing the appointment of the Defendant No.1C as the guardian of the two minor children since Defendant No.1C has expressed his unwillingness to be appointed in 2 CHS.61.2011-S.1066.79.sxw view of the strained relationship between Defendant No.1C and the original Defendant No.1E. 3. The Plaintiff shall carry out amendments in terms of schedule in the plaint. The Plaintiff shall also amend in the copies of the plaint served upon the other Defendants. After the amendments are carried out the Plaintiff shall apply for appointment of guardian on behalf of the newly added minor Defendants. 4. The Officer of the Court would be appointed guardian since Defendant No.1C does not desire to be the guardian. 5. The Prothonotary and Senionr Master of this Court shall act accordingly. 6. The Chamber Summons is disposed off accordingly. (SMT. ROSHAN DALVI, J.)