IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1155 OF 2009 IN SUIT NO.1161 OF 1997 Shoeb Saifuddin Baldiwala & Ors. ..Plaintiffs Vs. The Khatau Makanji Spinning and Weaving Company Limited ..Defendants Mr. Sharan Jagtiani with Mr. A.C.Chadanwala i/b M/s. Desai & Diwanji for the Plaintiffs Mr. N.C.Parekh i/b Mansukhlal Hiralal & Co. for Defendants CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 25th AUGUST, 2009 P.C. : 1. The Chamber Summons has been taken out for permission to delete the names of the Plaintiff Nos.2 and 3, who have died, since the institution of the suit. Permission has also been sought to lead secondary evidence of the documents mentioned in the schedule to the Chamber Summons. In the Affidavit in support, it has been stated that the documents were in the custody of the Plaintiff No.2, who has since died and that the documents are now not traceable. It has been stated that on 16th March 2005, a recording letter was addressed to the Advocates for the Defendants stating that, inspection of the originals was taken by the Defendants Advocates. 2. At this stage a case has been made out for allowing the Plaintiffs to lead secondary evidence under section 65 (c) of the Evidence Act. This will of course, be subject to the right of the Defendants to cross-examine the witness of the Plaintiffs. Subject to this, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b). The amendment to be carried out within a period of one week from today. The Affidavit of evidence shall be filed on or before 8th September, 2009. The suit shall be placed on board on 15th September 2009. (Dr. D.Y.Chandrachud, J)