FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY T.& I.J. NOTICE OF MOTION T. NO.4 OF 2008 IN T.Suit No. 10 OF 1985 FROM T.PETITION NO.324 OF 1980 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr D.C.Shah, for the applicants. Ms B.Rao, for the respondents/defendants. CORAM: D.B.Bhosale,J. DATED: 21.04.2008 P.C.: Heard learned counsel for the parties. This Motion is taken out by the heirs and legal representatives of the deceased plaintiffs for setting aside an order dated 10.12.2007 dismissing Suit No.10 of 1985 for default and for adding them as parties-plaintiff nos 1 to 5 in place of the deceased plaintiff. The plaintiffs have also prayed for bringing the heirs and legal representatives of the deceased defendant no.3 on record. Learned counsel for the defendants submits that she has instructions to appear for defendant nos 3(a), 3(b) and 3(c). She submits that she has no objection for allowing this Motion in terms of the prayer clauses (a) and (b). Keeping that in view and considering the reasons stated in the affidavit in reply, the Motion is made absolute in terms of the prayer clauses (a) and (b). The applicants to carry out the amendment within a period of two weeks from today and serve a copy of the amended suit and the petition on the Advocate for the defendants. The Motion is disposed of. (D.B.Bhosale, J.)