- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1744 OF 2008 IN SUIT NO.1733 OF 1984 Hemanabh Ranvir Khatau. ...Plaintiff vs. Chandrakant Mulraj Khatau & ors. ...Respondents. --- Mr.P.Bhandari, for Plaintiff. Mr.C.Ardheshir i/b. Desai Desai Carrimjee & Mulla, for Defendant no.7. CORAM: S.C.DHARMADHIKARI,J. CORAM: S.C.DHARMADHIKARI,J. CORAM: S.C.DHARMADHIKARI,J. DATED: 17TH DECEMBER,2008. DATED: 17TH DECEMBER,2008. DATED: 17TH DECEMBER,2008. P.C. P.C. P.C.: 1. Perused the chamber summons. The plaintiff is desirous to amend the plaint so as to bring on record heirs of the deceased defendant nos.1 to 4 6 and 8 to 10. Reasons for delay in applying are set out in affidavit in support and I do not find that they suffer from lack of bonafides or demonstrate total negligence of the plaintiff. In these circumstances and applying the liberal principles, - 2 - this chamber summons is made absolute in terms of prayer clause (a) to (c). Amendment to be carried out within a period of four weeks from receipt of copy of this order. In the peculiar circumstances of this case, there shall be no order as to costs. (S.C.Dharmadhikari, J.) - 3 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4097 OF 2008 IN SUIT NO.1733 OF 1984 Hemanabh Ranvir Khatau. ...Plaintiff vs. Chandrakant Mulraj Khatau & ors. ...Respondents. --- Mr.P.Bhandari, for Plaintiff. Mr.C.Ardheshir i/b. Desai Desai Carrimjee & Mulla, for Defendant no.7. --- CORAM: CORAM: CORAM: S.C.DHARMADHIKARI,J. DATED: DATED: DATED: 17TH DECEMBER,2008. P.C. P.C. P.C.: 1. This is a notice of motion of defendant no.7 praying that delay in filing written statement be condoned and written statement be taken on record. 2. For the reasons set out in the affidavit in support, delay is condoned. The written statement shall be taken on record provided it is filed within - 4 - a period of four weeks from today. 3. Notice of motion is made absolute in terms of prayer clause (a) and (b) accordingly. (S.C.Dharmadhikari, J.)