1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa CHAMBER SUMMONS NO. 113 OF 2010 IN SUIT NO. 36 OF 1969 Premabai Mathradas Goculdas & Ors. ..Plaintiffs. v/s. The Provident Investment Company Ltd. & Ors. ..Defendants. And Dinesh M. Thacker & Anr. .. Applicants .... Ms. Sowmya Srikrishna with Manu Kulkarni i/b. Amarchad & Mangaldas & S. A. Shroff & Co. for the Applicant. Mr. S. v. Kamdar, Senior Advocate a/w. Ms. Pooja Patil i/b. Udwadia & Udeshi for the Plaintiffs. Mr. P. M. Patel for Defendant No. 1. Mr. S. R. Rajguru for Defendant No. 2. .... CORAM : S.J. KATHAWALLA, J. DATE : 27TH JANUARY 2010. P.C. The Applicants are the heirs of the Plaintiff No. 8 who has expired in the year 2005. 2. By the present Chamber Summons the Applicants have inter-alia sought to be joined as party Plaintiffs to the suit. 2 However, since the Applicants are desirous of being represented by a different set of Advocates, they cannot be allowed to be added as Plaintiffs to the suit. The learned Advocate for the Applicants has therefore submitted that the Applicants be joined as Defendants to the suit. It is further submitted that the Applicants as newly added defendants will not be filing any written statement/s to the suit but may lead their evidence in the suit. 3. Accordingly, the following order is passed : :: O R D E R :: i. The delay in taking out the present Chamber Summons for setting aside abatement and allowing the Applicants to be joined as party Plaintiffs/Defendants to the suit, is condoned. ii. The abatement of the present suit qua Plaintiff No. 8, is set aside. 3 iii. Applicants are allowed to be joined as Defendant Nos. 4 and 5 to the suit. iv. Plaintiffs to carry out necessary amendments to the plaint and all incidental pleadings therein within a period of three weeks from today. 4. The Chamber Summons is, accordingly, disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]