1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.1030 of 2008 In Suit No.5387 of 1999 Shrimati Veena Prafulchandra Dalal .. .. Plaintiff v/s. 1. Smt.Pallavi alias Pushpa & anr. .. Defendants And Shri Jitendra Pannalal .. .. Respondent Mrs.Anjali Helekar with Francisca Philip for Plaintiff. Ms.Shaila Pathak for Deft.No.1 . ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 20 th October, 2008 P.C. : 1. The Plaintiff and Defendant No.1 are sisters- in-law. Defendant No.1 is the wife of the deceased brother of the Plaintiff. Defendant No.1 has not left any issues. It is stated that Defendant No.1 had a brother. The estate of Defendant No.1 is governed by Section 15(2)(b) of the Hindu Succession Act. The suit property would revert back to the Plaintiff. Defendant No.1, as the wife of the brother of the Plaintiff, is stated to have been residing in the suit premises. Defendant No.1, therefore, would have otherwise inherited the suit property from her husband /father- in-law. Such property would devolve, in the absence of any issues, upon the heirs 2 of the husband. The Plaintiff is the only surviving heir of the pre- deceased husband of the Defendant. Hence the Plaintiff has applied for deletion of the name of Defendant No.1 from the above Suit. There are no heirs of Defendant No.1 to whom the cause of action would survive. Hence the name of Defendant No.1 is deleted. An entry to that effect shall be made in the Plaint and the proceedings. 2. The Plaintiff shall carry out amendments within 4 weeks in the original Plaint for deletion of the name of the Defendant and other consequential amendments. The Plaintiff shall serve the amended Plaint upon Defendant No.2. 3. Ms.Pathak's name is shown as the Advocate for Defendant No.1. She states that Defendant No.1 has expired. Despite several letters, she has not received any instructions from any one claiming to be heir of Defendant No.1. She, therefore, cannot and does not represent any party. Her name shall be deleted from Board. 4. The Chamber Summons is disposed of accordingly. [SMT.ROSHAN DALVI, J.]