IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1819 OF 2004. CHAMBER SUMMONS NO.1819 OF 2004. CHAMBER SUMMONS NO.1819 OF 2004. IN IN IN SUIT NO.1578 of 1981. SUIT NO.1578 of 1981. SUIT NO.1578 of 1981. M/s.Kiran Construction Company ..Plaintiffs versus Jagannath S. Vaity & Others ..Defendants and Smt. Leela Vishnu Vaity & Others ..Respondents Mr.A.S.Pal i/b. Mulla & Mulla & Crawford Bayley & Co. for the plaintiffs Mr.Vishal Kanade i/b. S.V.Mhatre for the defendant Nos.1A to 1D and defendant Nos.4B and 4C CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 26th February, 2009. DATED : 26th February, 2009. DATED : 26th February, 2009. P.C. 1. Defendant No.1 has expired and this Chamber Summons is taken out to bring on record respondent Nos.1 to 5 shown in the Chamber Summons as heirs of defendant No.1. The respondent in the Chamber Summons are served. Mr. Kanade, learned Counsel appears for the respondent Nos.1 to 5. 2. Heard learned Counsels on both the sides. The Chamber Summons is required to be granted to enable the plaintiffs to prosecute the suit against -2- necessary parties, namely heirs of defendant No.1 and other defendants. Hence the Order. ORDER i. Chamber Summons is made absolute in terms of prayer clauses (a) and (b). ii. There shall be no order as to costs. iii. Plaintiffs to carryout amendment on or before 12.3.2009 and serve upon the defendants and their advocate amended copy of the plaint on or before 21.3.2009. Suit set down for directions on 23.3.2009. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)