- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO.1741 OF 2008 IN SUIT NO.1995 OF 1984 1.Kalpana Jitendra Shah & anr. ...Plaintiffs vs. 1.Ramniklal Umedchandra Shah and others. ...Defendants and 1.Pankaj Ramniklal Shah & ors. ...Respondents. --- Mrs.A.S.Malvankar, for Plaintiffs. None for Defendants. --- CORAM: S.C.DHARMADHIKARI, J. CORAM: S.C.DHARMADHIKARI, J. CORAM: S.C.DHARMADHIKARI, J. DATED: DATED: DATED: 15th December,2008 15th December,2008 15th December,2008 P.C.:- 1. The learned Advocate Mrs.Malvankar states that she has instruction to appear for both the plaintiffs. She states that plaintiff no.1 Kalpana Jitendra Shah has also instructed her to appear. She has collected papers from the earlier Advocate but certain formalities remain to be complied with. Mrs.Malvankar states that the vakalatnama duly signed by plaintiff - 2 - no.1 also would be filed with the Registry and on that basis this Court should proceed to dispose of the chamber summons. 2. Chamber summons is duly served on all the defendants and the respondents. She states that affidavit proving service would be filed on or before 6.1.2009. 3. Chamber summons prays that defendant nos. 1, 2 and 3 have expired and the respondents are their only legal heirs. They have expired some time back and there is a delay in praying for setting aside abatement and bringing the heirs of those defendants on record. For the reasons set out in paragraphs 1 and 3 of the affidavit in support so also in equity, justice and fairplay, the delay is condoned. Chamber summons is made absolute in terms of prayer clause (a) to (c). Amendment to be carried out by 12.1.2009. All other compliance, as above, be also made before 12.1.2009. 4. No order as to costs. Chamber summons is made absolute accordingly. - 3 - (S.C.Dharmadhikari, J.)