1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.328 OF 2011 IN SUMMARY SUIT NO.2897 OF 2008 WITH SUMMONS FOR JUDGMENT NO.5 OF 2010 IN SUMMARY SUIT NO.2897 OF 2008 Siraj J. Hamid Plaintiff versus Khushal Hansraj Gala and another Defendants Mr.R.M.Bhandari for applicant. None for the defendants. CORAM : S.J.KATHAWALLA, J. DATE : 16th March 2011 PC : 1. By this Chamber Summons the applicants who are the heirs of the deceased plaintiff have prayed that the delay of 167 days in taking out the Chamber Summons be condoned and the applicants be allowed to join as party plaintiffs in place and instead of the deceased plaintiff as per schedule annexed to the Chamber Summons. The Vakalatnama filed by the advocate for the defendant is under objection. The applicants have therefore served the Chamber Summons directly on the defendant who has received the same on 5th March 2011 and has given his confirmation of having received the same. The affidavit of service dated 16th March 2011 filed by the applicants is taken on record. 2. Heard learned advocate for the applicants. Perused the affidavit-in- support of the Chamber Summons. The Chamber Summons is allowed in terms of prayer clauses (a) and (b). The amendment to be carried out within a period of one week from today. A copy of the amended plaint 2 shall be forthwith forwarded to the defendant. Place the Summons for Judgment for hearing and final disposal on 5th April 2011. The Chamber Summons is disposed of accordingly. (S.J.KATHAWALLA, J.)