1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.646 OF 2008 IN SUIT NO.729 OF 1984 Jamnadas M. Choksi & Anr. .. Plaintiffs Versus Purshottam L. Tricumjee & Ors. .. Defendants Mr.P.K.Samdani, Senior Advocate i/b. A.Panicker for plaintiffs Mrs.V.Y.Sanglikar for defendant No.5. CORAM : S.C.DHARMADHIKARI, J. DATE : 16th October 2008 P.C. . Heard learned Counsel for parties. Perused the chamber summons and the affidavit in support and reply filed. 2. True it is that there is delay in applying for bringing the heirs and legal representatives of the deceased defendant on record, but, in the facts peculiar to this case 2 and applying liberal principles, delay can be condoned. Of course while doing so, plaintiffs can be put to terms. 3. In such circumstances, chamber summons is made absolute in terms of prayer clauses (a) and (b) subject to plaintiff paying cost quantified at Rs.10,000/- within six weeks from today to deceased defendant’s heirs and legal representatives. Amendments to be carried out within six weeks. Amended copy be served within two weeks thereafter. (S.C.Dharmadhikari, J)