1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1806 OF 2008 IN SUMMARY SUIT NO.334 OF 2001 M.B.Idnani ..Plaintiff Vs. Pravin Meghani & Anr. ..Defendants And Deepak Pravin Meghani ..Respondent None for Plaintiff Mr. S.J.Khera for Respondent No.1 CORAM: Smt. ROSHAN DALVI, J. DATED: 8 th June, 2009 P.C.: 1. Defendant No.1 has expired. Respondent is the son of Defendant No.1. Respondent claims that Defendant No.1 was the Karta of the HUF. He also claims that he has not inherited any estate from Defendant No.1. He also claims that Chamber Summons is long delayed as it is filed 345 days after the death of Defendant No.1. Mr. Khera argues that upon these facts the Chamber Summons must be dismissed. 2. The parties are required to be heard on merits. Hence the 2 delay is required to be condoned. The Respondent is admittedly the son of Defendant No.1. The capacity in which he is sued is as Karta and Manager of P.H.Meghani, HUF. The merits of defence of the Respondent shall be considered at the time of the suit. That cannot be considered at present. Respondent No.1 shall be liable in respect of the decree, if any, passed in favour of the Plaintiff only to the extent of the estate which comes in his hands. That can be decided only when a decree is sought to be executed. At present, therefore, the Chamber Summons is required to be granted. 3. The Chamber Summons is made absolute in terms of prayer (a), (b) & (c). The Plaintiff shall carry out all necessary and consequential amendments in the plaint within two weeks. The Plaintiff shall serve a copy of the amended plaint upon the Advocate for the Respondent on behalf of the Respondent. 4. No order as to costs. (Smt. Roshan Dalvi, J)