1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1094 OF 2007 IN SUIT NO.837 OF 1985 Kaluram Bodhi Yadav & Ors. ...Plaintiffs. Vs. Banwarilal Bodhi Yadav & Ors. ....Defendants. ---- Mr. U.L. Shah, for the Plaintiffs. None for the Defendants. ----- CORAM : S.J. VAZIFDAR, J. DATED : 24TH AUGUST, 2009 P.C. :- 1. The Plaintiff seeks to bring on record the heir of deceased Defendant no.3. There is a delay of 198 days in taking out the present Chamber Summons. However, in view of what is stated in the affidavit- in-support of the Chamber Summons and in view of the fact that this is a partition suit, the Chamber Summons ought to be allowed. Accordingly, the Chamber Summons is made absolute in terms of prayers (a), (b), (c) and (e). 2. The relief sought in prayer (d) for an appointment of 2 Respondent no.1 as a guardian of Respondent no.2 shall be made by separate application and shall be subject to orders passed therein. 3. Amendment to be carried out on or before 15.10.2009. 4. The Chamber Summons is accordingly disposed of.