1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.37 OF 2009 Vinayak Purushottam Dube .. Applicant. Vs. Madhukar Ganesh Buchake since deceased & Ors. .. Respondents. ..... Mr. V.S. Gokhale, for the Applicant. ..... CORAM: S.C. DHARMADHIKARI,J. DATE : 26 th APRIL, 2010. P.C. 1. Heard Shri Gokhale appearing on behalf of the Applicant- Defendant in Special Civil Suit No.162 of 2005. 2. The heirs and legal representatives of the deceased Plaintiff have been brought on record after applying relevant tests. There is no error committed in coming to the conclusion that the suit claim is not based on tort but purely on contract. If such is the legal position, then, legal heirs could have been brought on record. 3. There is no reason to interfere with these findings of the Court below. The discretion has been exercised in accordance with law. Therefore, Civil Revision Application fails and is accordingly dismissed. No costs. 2 4. Ad-interim Order granted earlier is vacated. All observations in the impugned Order, so also this Order are prima facie and therefore will not influence the Court below while trying the Suit. (S. C. DHARMADHIKARI, J.)