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.274 OF 2008. CHAMBER SUMMONS NO.274 OF 2008. CHAMBER SUMMONS NO.274 OF 2008. IN IN IN SUMMARY SUIT NO.2907 of 1992. SUMMARY SUIT NO.2907 of 1992. SUMMARY SUIT NO.2907 of 1992. Manoranjanlal Nandlal Amersey ..Plaintiff versus Anant Rotospin Ltd. ..Defendants and Krishna Thar & Ors. ..Applicants Mr.Munshi i/b. Crawford Bayley for the plaintiffs None for the defendants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 11th February, 2009. DATED : 11th February, 2009. DATED : 11th February, 2009. P.C. 1. Affidavit of service taken on record. Defendants are served. They are absent. 2. This Chamber Summons is taken out by the heirs of the original plaintiff for getting them on record. I have perused the affidavit in support of Chamber Summons. It is seen that the wife of the plaintiff died practically 10 days after the plaintiff died, leaving behind the plaintiff’s sons and daughters. There is a delay of 67 days in bringing heirs on record and 7 days delay in filing -2- the Chamber Summons. Considering the fact that the plaintiff died leaving behind him sons and daughters it is quite possible that they must not have understood the seriousness of brining heirs on record after the death of the plaintiff. Even otherwise the defendant has remained absent. Hence application will have to be granted, giving them opportunity to come on record and prosecute the litigation which was filed by their father. Hence the Order. ORDER . Chamber Summons is made absolute in terms of prayer clauses a, b, c, d and e. . There shall be no order as to costs. . Applicants to carry out the amendment on or before 25.2.2009 and serve upon the defendant the amended copy of the plaint on or before 31.3.2009. . Suit set down for directions on 9.4.2009. -3- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)