-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No. 65 of 2009 in Chamber Summons No.1840 of 2004 in Suit No.471 of 1990 Mohammed Taqui Nazir Husein ..Plaintiff vs. Islam Husein Babu Since deceased 1a. Mrs.Khalikun Begum and ors. ..Defendants Mr.S.K.Chaurasia i/b Mr.A.M.Saraogi for plaintiff Mr.S.P.Srivastava for defendant nos.1a to 1e Mr.Ali A.Zaidy i/b M/s Zaidy and Co. for defendant no.3. Mr.B.C.Srivastava i./b Khillani and Co. for defendant no.4 Mr.Ishrat Hussein Sayed deft.no.1c present in person. CORAM: S.J.KATHAWALLA J. CORAM: S.J.KATHAWALLA J. CORAM: S.J.KATHAWALLA J. 12th January, 2009 12th January, 2009 12th January, 2009 P.C. P.C. P.C. 1. The notice of motion is taken out by the plaintiff for setting aside dismissal of the Chamber Summons No.1840 of 2004 by order of this Court passed on 6th June, 2005 and for restoring the chamber summons no.1840 of 2004 on file. 2. The said chamber summons no.1840 of 2004 which was dismissed was to bring the legal heirs of defendant no.2 on record who expired on 15th -2- April, 2004. I have gone through the reasons given in the affidavit in support of the chamber summons wherein the plaintiff has explained as to why the plaintiff was unable to remain present on 6th June, 2005. After considering the reasons given I restore the chamber summons no.1840 of 2004 to file subject to the plaintiff paying costs quantified at Rs.5000/- to defendant nos.1a to 1e who have contested this chamber summons on or before Friday the 16th January, 2009. 3. Chamber Summons No.1840 of 2004 is restored to file subject to payment of cost as above and the same to come up for hearing and final disposal on Monday the 19th January, 2009. Suit No.471 of 1990 be also listed on board on 19th January, 2009 under the caption "for issues". (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.)