1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.410 OF 2008 IN APPEAL NO.1034 OF 2003 IN SUMMONS FOR JUDGMENT NO.741 OF 2001 IN SUMMARY SUIT NO.1380 OF 2001 M/s.Skylark Construction Ltd. & ors. Appellants vs. Shri Mahesh Kantilal Shah & ors. Respondents Mrs.Pawar i/b.Mr.Ravindra T. Parekh for the Appellant. Mr.H.H.Trivedi for the Respondents. CORAM : DR.S.RADHAKRISHNAN & ANOOP V. MOHTA,JJ. DATED : 11th March, 2008 P.C. Heard the learned counsel for the Appellant and the learned counsel for the Respondent. 2. By this Chamber Summons, the Appellant is seeking to bring on record the legal heirs of Respondent No.2 who died some time in the year 2001. However, it is an admitted fact that only on 25.2.2008 when the matter was on board for final hearing, the learned counsel appearing on behalf of the Respondent pointed out that Respondent No.2 died some time in the year 2001. The learned counsel for the Respondent did not give any notice under Order XXII Rule 10-A of the Code of Civil Procedure with regard to the above fact. Under the 2 aforesaid circumstances, sufficient case has been made out to condone the aforesaid delay and for setting aside the abatement with regard to Respondent No.2. The learned counsel for the Respondent has no objection. Accordingly, Chamber Summons is made absolute in terms of prayer (a). Amendment to be carried out within a period of two weeks from today. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.] [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, J.] J.] J.]