1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.141 OF 2007 IN SUIT NO.4496 OF 1994 Chandrika Rajnikant Mody & anr. ..Plaintiffs V/s. Kantaben K. Zaveri & ors ..Defendants Mr.S.C.Naidu i/b.M/s.C.R.Naidu, Advocate, for the applicants/the original plaintiffs Shilpa Kamble i/b.M/s.Shukla & Shukla, Advocate, for the defendant No.3 CORAM : R.M.SAVANT, J. DATE : 21ST OCTOBER, 2008 P.C. . The above Chamber Summons is filed by the plaintiffs for bringing the heirs of the deceased plaintiff No.1 on record. The plaintiff No.1 died on 29th January, 2005. In view of the fact that the plaintiff No.2 is there on record, the suit had not abated as the cause of action survived to the plaintiff No.2. 2. On behalf of the defendants the Chamber Summons is 2 opposed on the ground that there is a delay of about two years in filing the Chamber Summons for bringing the heirs of the plaintiff No.1 on record. 3. In my view, the said submission cannot be accepted looking to the provisions of the Order XXII, Rule 2 of the Code of Civil Procedure, 1908, as the suit had not abated. The Chamber Summons is, therefore, required to be allowed and is accordingly made absolute in terms of prayer clause (a). The learned counsel for the applicants/the original plaintiffs to carry out the amendment in the cause title of the plaint within a period of six weeks from date and serve an amended copy of the plaint on the concerned parties within a period of two weeks thereafter. The suit to be shown on board for framing of issues after ten weeks. (R.M.SAVANT, J.)