:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 892 OF 2007 SUMMONS NO. 892 OF 2007 SUMMONS NO. 892 OF 2007 IN IN IN SUIT SUIT SUIT NO. 1653 OF 1998 NO. 1653 OF 1998 NO. 1653 OF 1998 Mahesh Chimanlal Dalal. ...Plaintiff. V/s. Pinank Rajnikant Mehta & Ors. ... Defendants. And Smt. Shashikala M. Parekh & Ors. ... Respondents. Ms. Alpana Ghone i/b. Shah & Sanghavi for the Plaintiff. Mr. Bhagwat i/b. Divekar & Co. for Defendants 11(a) & 12. Mr. Sanghavi i/b. M.K. Nesari & Co. for Respondents 3 to 5 and 7 to 12. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 1ST 1ST 1ST DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . This is a Chamber Summons to bring the heirs of the deceased Defendant No.6 to 11 on record. The Chamber Summons is not opposed by Defendant No.11. The heirs of Defendant No.6 have filed an affidavit opposing the Chamber Summons and pointed out that there is a delay of about 5 years in moving this Court for setting aside the abatement of the Suit as far as Defendant No.6 is concerned and to bring the heirs and legal representatives on record. 2. I have heard Ms. Ghone, appearing for the Plaintiff and Mr. Sanghvi, appearing for Defendant Nos.3 to 5 and 7 to 10. :2: 3. The heirs and legal representatives of Defendant Nos.6 are already impleaded as party Defendants to the Suit. All that is necessary is to now implead them in their capacity as heirs and legal representatives of Defendant No.6. In addition, they are impleaded as Respondents to the Chamber Summons and all Respondents have been duly served. 4. The law is well settled. In a recent decision of the Supreme Court, the Supreme Court has observed that such applications have to be considered liberally so that the Plaintiff is not deprived of a hearing of the Suit claim on merits. In these circumstances, the Chamber Summons is made absolute in terms of prayer clauses (a) to (e) subject to the Plaintiff paying costs quantified at Rs.2,500/- to the Defendant Nos. 11(a) & 12. Costs condition precedent. Amendment to be carried out within two weeks. 5. The Advocates appearing in this Chamber Summons waive service of the writ of summons for the respective parties including the newly added Defendants. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)