1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.1536 of 2007 In Civil Suit No.1379 of 1999 Shri Balkrishna Nevatia .. .. Plaintiff v/s. Mrs.Snehlata Nevatia .. .. Defendant And Shri Dileep Nevatia .. ..Applicant And Smt.Jyoti Nevatia & 3 ors. .. ..Respondents Mr.Prem G. Gidwani for Applicant. Mr.Avinash Joshi i/by Mulla & Mulla for Defendant. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 20 th October, 2008 P.C. : 1. The Plaintiff has expired on 31.8.2005. The Defendant was his wife. The Applicant is his son. The Respondents are his 3 daughters and another son. The Chamber Summons is served upon the Defendant and Respondents 1, 3 and 4 by personal service. The acknowledgment of these parties on the docket of the Affidavit- in-support of the Chamber Summons is shown to Court. Respondent No.2 has been served by Registered Post. Affidavit of evidence is filed. The Respondents have not appeared or filed any reply. 2 2. The Defendant claims that there is a gross delay in taking out this Application. There has been an Appeal between the parties in some other proceedings. This contention was taken up in Appeal. Hence it was noticed by the Applicant that the Suit has otherwise abated. Consequently, this Application is taken out. For the reasons stated in the Affidavit- in-support, the delay in taking out the Application is condoned. Hence the abatement is set aside. The Applicant is allowed to be joined as Plaintiff in the place and stead of the original Plaintiff, his father. The Respondents, who have not sought to amend the Plaint to bring themselves on record and who have not appeared in this Chamber Summons despite service, shall have to be made Defendants in this Suit. Amendments shall accordingly be carried out within 4 weeks in the original Plaint as well as in the copy of the Plaint served upon the Defendant. The amended writ of summons was thereafter be served upon all the Respondents as the Defendants in the Suit. 3. Chamber Summons is disposed of accordingly. [SMT.ROSHAN DALVI, J.]